Mano v. Madden

CAVANAUGH, J.:

¶ 1 Ellen B. Madden appeals from the order granting plaintiffs’ motion for a new trial. On appeal, appellant claims that in granting plaintiffs’ motion, the trial court improperly usurped the jury’s role as finder of fact. In the alternative, appellant asserts that if a new trial was warranted, it should not have been limited to the issue of damages. Upon review, we affirm.

¶ 2 On September 21, 1998, at approximately 5:30 p.m., Anthony Mano was stopped in his van at a red fight on City Line Avenue in Philadelphia. Ellen Madden’s vehicle was directly behind Mr. Mano’s van. At…