Poleri v. Salkind

McEWEN, President Judge.

Appellants, Barbara L. Poleri and John Poleri, have taken this appeal from the order of May 23,1995, which denied their motion for post-trial relief and affirmed the compulsory non-suit which had been entered in favor of appellees. We are constrained to vacate the order entering the compulsory non-suit and remand for a new trial.

The facts underlying the instant appeal have been aptly summarized in the opinion of the trial court:

In 1988, 59 year-old plaintiff, Barbara L. Poleri, consulted her family physician, Dr. Kagen, regarding her history of back pain which began…