Lewis v. United Hospitals, Inc.

OPINION OF THE COURT

CASTILLE, Justice.

The sole issue on appeal is whether the Superior Court erred in quashing appellants’ appeal from the trial court’s grant of appellee’s motion for nonsuit prior to trial based on appellants’ failure to file a post-verdict motion to remove the nonsuit. Because we find that the grant of nonsuit was improper, where, as here, no evidence was presented by appellants at trial as to liability, and because we find that appellants’ failure to file a motion to remove the nonsuit was not fatal to their appeal, we reverse the order of the Superior Court quashing…