Kluska v. City of Philadelphia

GOLDMAN, J.,

The instant matter is before the court on defendant City of Philadelphia’s post-trial motions for judgment non obstante veredicto or, in the alternative, a new trial.

I

Factual Background

On September 28, 1981, at approximately 3:00 p.m., Philadelphia police officers arrested Elizabeth Kluska for public intoxication. Mrs. Kluska was 57 years old and had never been arrested prior to this incident.

Police Officer Schenzle was seated in a fast food restaurant two to three blocks from Mrs. Kluska’s home when he was notified of a disturbance out*382side. After speaking to Mrs. Kluska, he…