Berger v. Rinaldi

CIRILLO, Judge:

This is an appeal from a judgment entered in the Court of Common Pleas of Westmoreland County in favor of defendant/appellee Toni Rinaldi (Rinaldi) and against plaintiff/appellant Derrick Berger (Berger). 1 We reverse the judgment and remand the case for a new trial consistent with this opinion.

This appeal stems from an automobile accident, which occurred on March 2, 1992. After pleadings were filed, the parties stipulated to the following facts:

1. On March 2, 1992, the Plaintiff (Berger) was the operator of a 1987 Buick, Pennsylvania registration XXN-596.

2. Said 1987 Buick was…