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Angelo v. Diamontoni

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eBook details

  • Title: Angelo v. Diamontoni
  • Author : Texas Court of Appeals
  • Release Date : January 31, 2005
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

1 Frank Angelo and Phyllis A. Lawrence, Co-Administrators for the Estate of Christopher Lee Angelo (Administrators), appeal the judgment entered on a verdict for the defendant physicians. Although the jury found that the defendants had been causally negligent, it denied liability on grounds that plaintiffs decedent had been more than 50% contributorily negligent in bringing about his own injuries. Administrators contend that the evidence adduced at trial failed to substantiate the defense of contributory negligence and that, consequently, the trial court erred in so instructing the jury. Because judgment was entered in accordance with Pa.R.C.P. 227.4, the trial court could not order a new trial, but has opined in its Rule 1925(a) opinion that the Administrators argument is correct. We concur in the trial courts assessment. Accordingly, we vacate the Rule 227.4 judgment.


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