Craft v. Hetherly

POPOVICH, Judge:

This is an appeal from the order of the Court of Common Pleas of Delaware County which granted a new trial to appellee, Kathleen Craft. Herein, appellant, David Hetherly, Executor of the Estate of William P. Oswald, deceased, contends the jury’s determination that Mr. Oswald’s negligence was not a substantial factor in bringing about Ms. Craft’s injuries was not against the weight of the evidence. However, upon review, we find that the lower court did not abuse its discretion in granting a new trial in this case.

In Thompson v. City of Philadelphia, 507 Pa. 592, 493 A.2d 669…