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Pennsylvania Injury Lawyers
New Causation Caseattached is the link to Gorman v. Costello from the Superior Court where the court reverses a trial court verdict where the jury found no factual cause in a case arising out of a car accident. The trial judge gave the standard Civil Jury Instruction 3.00 and a portion of the new 3.15 BUT not the full instruction. The court holds that failing to include and read the entire charge was a "fundamental error" requiring a new trial. Judge McCaffery writes, "we determine that without a complete definition of factual cause, the jury was lacking an essential tool needed to make an informed decision based on correct and complete legal principles relevant to its verdict on the issue of damages."
Scott B. Cooper, Esquire
http://www.courts.state.pa.us/OpPosting/Superior/out/A01028_07.pdf
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