Fama v. Smith

CIRILLO, Judge:

This action in trespass arises out of injuries that Judy Fama/appellant/minor plaintiff suffered when she was struck by a vehicle driven by Irvin Smith/appellee/defendant. The jury returned a verdict for appellee. 1 Appellant’s motions for a new trial or judgment notwithstanding the verdict were denied. Appellant filed this appeal arguing solely that the court’s charge to the jury was in error. We agree and order a new trial.

The relevant facts are as follows: The accident occurred on a four-lane, divided limited-access highway. Appellant lived with her family in a mobile home…