Ellis v. Graves

HESTER, Judge:

Kathryn Ellis and Richard Heckman, wife and husband and the parents and natural guardians of Jessica Heckman, appeal from the judgment entered in the Court of Common Pleas of Cumberland County on July 25,1988, following the denial of their post-trial motions. Appellants assert that the jury’s verdict in this negligence action was contrary to the weight of the evidence and that the trial court improperly refused a requested instruction regarding imputed negligence.1 For the reasons set forth below, we find that the second assertion is meritorous. Accordingly, we reverse and…