Kozak v. Struth

OPINION OF THE COURT

HUTCHINSON, Justice.

Appellants, Patrick B. Kozak and Mary Ann Kozak, appeal by allowance a Superior Court order which affirmed Allegheny County Common Pleas’ judgment on a jury verdict for appellee Wayne Struth. They argue that the trial court abused its discretion in permitting appellee’s expert witness to comment on the totality of the evidence. Because an expert may not usurp the jury function by weighr ing and testing the credibility of other witnesses, we hold, under all the circumstances presented by this record, that admission of the particular expert testimony…