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THOMPSON v. CITY OF PHILADELPHIA

507 Pa. 592 (1985)

493 A.2d 669

Joan G. THOMPSON, Administratrix of the Estate of Raymond D. Thompson, Deceased, Appellee, v. CITY OF PHILADELPHIA, William Smith, Srein Furniture Carriers, Inc., & Commonwealth of Pennsylvania. Appeal of COMMONWEALTH of Pennsylvania. Joan G. THOMPSON, Administratrix of the Estate of Raymond D. Thompson, Deceased, Appellee, v. CITY OF PHILADELPHIA, William Smith, Srein Furniture Carriers, Inc., & Commonwealth of Pennsylvania. Appeal of CITY OF PHILADELPHIA.

Supreme Court of Pennsylvania.

Decided June 4, 1985.

Attorney(s) appearing for the Case

Ronald Yen, Deputy Atty. Gen., Philadelphia, for the Commonwealth.

Michael B. Tolcott, Marilyn Kutler, Asst. Cty. Solicitors, Philadelphia, for City of Philadelphia.

Richard L. Polin, Philadelphia, for Joan Thompson.

James M. Marsh, Philadelphia, for Wm. Smith & Srein Furn. Carriers.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION

McDERMOTT, Justice.

The issue before us is one of first impression. The question is whether and under what circumstances a trial court may order a new trial for the apportionment of damages under the doctrine of comparative negligence.1

On September 28, 1976, William Smith drove a tractor trailer through a guardrail at the end of the Spring Garden Street exit ramp of the...

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