Boyle v. Independent Lift Truck, Inc.

OPINION

Justice TODD.

In this appeal by allowance, we consider the issue of whether the Superior Court erroneously ordered a new trial due to an allegedly improper special verdict sheet question regarding comparative negli*493gence,1 where the jury never reached the issue of comparative negligence. For the reasons set forth below, we find that, where a jury never considered the issue of comparative negligence, any alleged error concerning the verdict sheet in that regard is harmless and a new trial is not warranted. Therefore, we reverse the order of the Superior Court, and remand for consideration…