Cingota v. Milliken

SPAETH, Judge:

This is a personal injury case. Appellant, who was the plaintiff below, argues that the lower court erred in charging the jury that it could not return a verdict for her if it found that her injury was an aggravation of a pre-existing condition. We agree and shall therefore reverse and remand for a new trial. 1

On January 26, 1976, appellant sustained injuries when she fell down a flight .of four steps in an apartment building in Pittsburgh owned by appellee. Appellant was on the premises visiting a friend who was a tenant in the building. In her complaint, appellant described…