Grove, J., Aplt. v. Port Authority

on the right-of-way laws as to which it specifically requested guidance.1 Notably, even the standard governing challenges to jury instructions hints at the uncertainty of the prejudice inquiry, providing that a jury charge is adequate unless it “has a tendency to mislead or confuse rather than clarify a material issue.” Maj. Op. at 15 (quoting Stewart v. Motts,

654 A.2d 535, 540

(Pa. 1995)). Certainty will not be found in response to a question framed in terms of tendencies. Where, as here, the record suggests that the slightest shift in the jury’s assessment of the evidence very well could…