Westerman. v. Stout

Concurring and Dissenting Opinion by

Cercone, J.:

I agree with the majority’s opinion in all respects, except insofar as it supports the jury’s finding that Mrs. Stout acted negligently in responding to a sudden emergency not of her creation. Despite a cogent and well-written opinion by Judge Bodley in the court below, I agree with Mrs. Stout’s contention that she should be found not negligent as a matter of law. I would, therefore, reverse and remand for a trial limited solely to the question of the damages suffered by Mrs. Stout in the instant case.

The scope of our inquiry into jury verdicts…