Sheely v. Beard

POPOVICH, Judge:

This is an appeal from the judgment entered in the Court of Common Pleas of York County following the denial of appellants’ post-trial motion for judgment notwithstanding the verdict (judgment n.o.v.) or, in the alternative, a new trial. Herein, appellants contend:(1) A new trial is warranted since appellee should have been prohibited from introduc*216ing into evidence [at the second trial] the first deposition of Gladys S. Fenichel, M.D., since it was taken for use at the first trial.(2) A new trial is warranted since Dr. Fen-ichel was not qualified properly as an expert witness…