Duccilli v. Belko Steel Corp.

Rosenberger and Ellerin, JJ.,

concur in a memorandum by Ellerin, J., as follows: While I concur in the reversal of the trial court’s order setting aside the verdict, I do so only on the ground that there was sufficient evidence in the record to support the jury’s finding in favor of the defendant on the issue of liability. I do not, however, agree with the majority that under the circumstances of this case plaintiff, in the first instance, was precluded from asserting a cause of action against defendant because he was a police officer.

The facts giving rise to the instant action are as follows.…