Negligence

July 23rd, 2019 by Rieders Travis in Negligence

NEGLIGENCE-PER SE NEGLIGENCE-MOTOR VEHICLE ACCIDENT Grove v. Port Authority of Allegheny County, 2019 Pa. LEXIS 6124 (S. Ct. October 31, 2019) Mundy, J.  This case involves a lawsuit against a municipality.  A bus ran over somebody’s leg, which is amputated from the knee down.  The verdict was for the plaintiff with a finding of 50% negligence on the part of the pedestrian and 50% negligence on the part of the bus driver employed by the municipality.  However, the total verdict was reduced because of the cap on damages under the Political Subdivision Tort Claims Act.  The ultimate verdict was $250,000.  The Commonwealth Court had erroneously granted a new trial, saying that the trial judge should have charged on per se negligence.  The court said that was not necessary since the plaintiff won anyway.  Per se negligence goes only to duty and not to causation or damages.  The court should not have granted a new trial, and therefore the Commonwealth Court was reversed. Grove v. Port Authority of Allegheny County, 2019 Pa. LEXIS 6124 (S. Ct. October 31, 2019) Mundy, J.   NEGLIGENCE-ASSUMPTION OF THE RISK Valentino vs. Phila. Triathlon, 2019…