Smick v. City of Philadelphia

SMITH, Judge.

Lewis Smick appeals from the January 14,1993 order of the Court of Common Pleas of Philadelphia County denying Smick’s motion for post-trial relief. The issues raised on appeal are whether the trial court erred in allowing defendant City of Philadelphia’s (City) expert witness to testify that it was too speculative to come to a conclusion regarding causation of a trolley derailment that led to Smick’s injuries; whether the court correctly determined that a jury charge of res ipsa loquitur was not warranted; whether the trial court erred by failing to reinstruct the jury on…