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KOZAK v. STRUTH

515 Pa. 554 (1987)

531 A.2d 420

Patrick B. KOZAK and Mary Ann Kozak, Appellants, v. Wayne STRUTH and McKeesport Area School District, Appellees.

Supreme Court of Pennsylvania.

Decided September 21, 1987.

Attorney(s) appearing for the Case

Michael Hahalyak, Pittsburgh, for appellants.

Richard Mills, Louis C. Long, Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, for appellees.

Before LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

HUTCHINSON, Justice.

Appellants, Patrick B. Kozak and Mary Ann Kozak, appeal by allowance a Superior Court order which affirmed Allegheny County Common Pleas' judgment on a jury verdict for appellee Wayne Struth. They argue that the trial court abused its discretion in permitting appellee's expert witness to comment on the totality of the evidence. Because an expert may not usurp the jury function...

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