Opinion
J-A33020-15 No. 1367 EDA 2014
09-09-2016
MARK WEBB, AS ADMINISTRATOR FOR THE ESTATE OF SABINO WEBB, DECEASED Appellant v. VOLVO CARS OF NORTH AMERICA, LLC, VOLVO CARS CORPORATION, GRACO CHILDREN'S PRODUCTS, INC. (D/B/T/A NEWELL RUBBERMAID, INC.), WILLIAM JULIAN, AND ANA (WEBB) SOARES Appellees
Appeal from the Judgment Entered March 26, 2014
In the Court of Common Pleas of Philadelphia County
Civil Division at No: 110500208 BEFORE: FORD ELLIOTT, P.J.E., STABILE, and STRASSBURGER, JJ. CONCURRING OPINION BY STRASSBURGER, J.:
Retired Senior Judge assigned to the Superior Court. --------
I agree with and join the Majority's erudite disposition of this matter holding that Appellant is entitled to a new trial based on the trial court's erroneous jury instruction. My joinder includes the Majority's discussion of Tincher v. Omega Flex , Inc., 104 A.3d 328 (Pa. 2014). I write separately to note my position that, in light of the Majority's holding, it is unnecessary and perhaps confusing to address the remaining issues on appeal. To say that an evidentiary ruling is not an abuse of discretion does not preclude the possibility that the opposite ruling also would not be an abuse of discretion. Therefore, I respectfully concur.