Deiley v. Queen City Business Center Associates

STEVENS, J.:

¶ 1 Appellant appeals from the order denying his Motion to Remove Compulsory Nonsuit, which compulsory nonsuit the Court of Common Pleas of Lehigh County entered during the parties’ civil trial. Because Appellee elicited testimony and introduced documentary evidence amounting to a possible defense to the negligence cause of action filed against it, we find that the court was without authority to enter nonsuit. Therefore, we remand for a new trial.

¶ 2 Appellant received burns to ninety percent of his body in a worksite accident when he fell into one of two large pits of hot water…