Hrivnak v. Perrone

OPINION OF THE COURT

NIX, Justice.

The central issue raised in this appeal concerns the sua sponte charge of the trial court relating to a theory of recovery not raised by plaintiff-appellant and in fact refuted by the testimony offered on appellant’s behalf. For this reason the Superior Court reversed the trial court, vacated the judgment in favor of appellant and awarded a new trial.1 We granted allocatur and now affirm the order of the Superior Court.

The pertinent facts of this case may be summarized as follows: On June 11, 1971, appellant Andrew Hrivnak, plaintiff below, filed a complaint…