Legal Opinion · Concurring in part, dissenting in part

Lomas, R. v. Kravitz, J.

Superior Court of Pennsylvania

Decided December 21, 2015No. 2391 EDA 2011Published

1Concurring in part, dissenting in part

*132CONCURRING AND DISSENTING OPINION BY

STABILE, J.:

I join the Majority’s1 opinion insofar as it affirms the liability verdict. For the following reasons, I would vacate the damages verdict and remand for a new damages trial in front of Judge from outside of Montgomery County.

In my view, the Honorable Thomas P. Rogers of the Montgomery County Court of Common Pleas erred in denying Appellants’ motion to recuse the entire bench of the Montgomery County Court of Common Pleas from hearing the damages trial in this action. This is so because the Honorable Thomas C. Branca, Judge Rogers’ colleague on…

2Cases cited31 opinions

  1. Offutt v. United StatesSupreme Court of the United States · 1954
  2. Caperton v. A. T. Massey Coal Co., Inc.Supreme Court of the United States · 2009
  3. Republican Party of Minnesota v. WhiteSupreme Court of the United States · 2002
  4. Commonwealth v. TravagliaSupreme Court of Pennsylvania · 1995
  5. Reilly v. Southeastern Pennsylvania Transportation AuthoritySupreme Court of Pennsylvania · 1985

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