OPINION OF THE COURT
POMEROY, Justice.
We deal in this appeal with whether a party who has moved for judgment non obstante veredicto waives its right to appellate review of a denial of that motion when the party fails to request the trial court to charge in accordance with the legal standard which the moving party later seeks to have applied in judging the sufficiency of the evidence.
In 1971, appellee, Richard Broxie, sued appellant, Household Finance Company [“Household”], in trespass for damages arising from Broxie’s dismissal as an employee of the United States Post Office. The dismissal had been caused, allegedly, by appellant advising the Post Office by means of letters and telephone calls that Broxie had made numerous defaults in the repayment of a loan to Household. It was not alleged in the complaint, nor was there any proof at trial, that Household actually intended to cause Broxie’s dismissal. At the close of the evidence Household made a timely request for binding instructions,1 which was denied. The jury was instructed, instead, that although there was no evidence of actual [376]*376intent on Household’s part to bring about Broxie’s dismissal, the jury could find for Broxie on his claim for intentional interference with contractual relations if Household knew or should have known that Broxie’s discharge was certain or substantially certain to result from Household’s actions. Household neither objected to the court’s charge on the issue of specific intent2 nor offered a point for charge on that issue. The jury returned a verdict for Broxie. Appellant’s motions for judgment non obstante veredicto and for a new trial were denied by a court en banc.
Household’s appeal to the Superior Court ultimately resulted in an affirmance of the judgment of the trial court. Broxie v. Household Finance Company, 232 Pa. Super. 431, 335 A.2d 823 (1975).3 In that appeal, the Superior Court did not reach the merits of the issue raised by Household as to the definition of specific intent in the tort of intentional interference with contractual relations. Rather, the court ruled that Household’s fail[377]*377ure to object to the trial court’s charge on the element of intent constituted a waiver of the issue. This Court then granted Household’s petition for allowance of appeal.4 We affirm.
The first issue for decision is whether the Superior Court erred in holding that appellant’s failure to take exception to the trial court’s charge on the element of intent in the tort of intentional interference with contractual relations constituted a waiver of its right to appellate review of the trial court’s denial of its motion for judgment n. o. v., as well as its motion for a new trial.
It has long been the law in this Commonwealth that in order to preserve for appellate review an issue concerning the correctness of a trial court’s charge to the jury, the complaining party must submit a specific point for charge or make a timely specific objection to the charge as given. E. g., Lobalzo v. Varoli, 422 Pa. 5, 220 A.2d 634 (1966); Bell v. Yellow Cab Co., 399 Pa. 332, 160 A.2d 437 (1960). See also Commonwealth v. Sisak, 436 Pa. 262, 259 A.2d 428 (1969). The only exception to this general rule was where a trial court’s charge involved basic and fundamental error, but this exception was formally abrogated in Dilliplaine v. Lehigh Valley Trust Co., 457 Pa. 255, 322 A.2d 114 (1974). See also Commonwealth v. Clair, 458 Pa. 418, 326 A.2d 272 (1974). Thus there can be no doubt, and appellant apparently concedes, that its failure to object to the trial court’s charge concerning specific intent precludes it from assigning, on appeal, error in that charge as a reason for the grant of a new trial.
With respect to the trial court’s refusal of appellant’s motion for judgment n. o. v., however, it is contended that because appellant fully complied with the [378]*378procedural requirements relating to such a motion,5 it automatically preserved for appeal all legal issues bearing on the disposition of its motion for that relief, and that whether the trial court employed the correct legal standard in deciding that the evidence was sufficient to support the verdict is among such preserved issues. The Superior Court disagreed, and we believe it was correct in so doing.
As noted above, a party’s failure to object to a trial court’s charge in a specific and timely fashion precludes that party from assigning, on appeal, error in that charge in support of its request for a new trial. We perceive no reason for according disparate treatment to a party who does not object at trial to an allegedly erroneous charge simply because that party is seeking a judgment n. o. v. rather than a new trial. We recognize that conceptually appellant is not directly claiming that the trial court’s charge on specific intent was erroneous, but rather is arguing that the evidence at trial was insufficient as a matter of law to support the verdict rendered. Nevertheless, we cannot ignore the fact that in actuality appellant is seeking to have an appellate court employ a legal standard for judging the sufficiency of the evidence which is different from that used by the trial court and which appellant did not bring to the attention of the trial court in a timely fashion by means of a specific point for charge of a specific objection to the charge as given. In short, the purport of the present argument is that the jury was allowed to reach its verdict under a statement of applicable law which, appellant now contends, was not correct law. But to allow a party to [379]*379escape the consequences of failing to object timely and specifically to a trial court’s charge simply because of the nature of the relief sought would elevate form over substance. Indeed, given the fact that the remedy of a judgment n. o. v. is more drastic than the award of a new trial, it would be inequitable to address the merits of an unpreserved claim such as appellant’s while refusing a similar request by a party who seeks merely a new trial. We therefore conclude that a party who neither specifically objects to a charge on a particular subject nor offers a specific point for charge waives its right to a judgment n. o. v. (or to appellate review of a trial court’s denial of a motion for judgment n. o. v.) where the basis of the motion is that the law against which the sufficiency of the evidence is to be measured was not the law as given to the jury.
In this case, appellant is arguing that in measuring the sufficiency of the evidence to make out the tort of intentional interference with contractual relations, the trial court employed an incorrect legal standard as to the element of specific intent.
Free access — add to your briefcase to read the full text and ask questions with AI
OPINION OF THE COURT
POMEROY, Justice.
We deal in this appeal with whether a party who has moved for judgment non obstante veredicto waives its right to appellate review of a denial of that motion when the party fails to request the trial court to charge in accordance with the legal standard which the moving party later seeks to have applied in judging the sufficiency of the evidence.
In 1971, appellee, Richard Broxie, sued appellant, Household Finance Company [“Household”], in trespass for damages arising from Broxie’s dismissal as an employee of the United States Post Office. The dismissal had been caused, allegedly, by appellant advising the Post Office by means of letters and telephone calls that Broxie had made numerous defaults in the repayment of a loan to Household. It was not alleged in the complaint, nor was there any proof at trial, that Household actually intended to cause Broxie’s dismissal. At the close of the evidence Household made a timely request for binding instructions,1 which was denied. The jury was instructed, instead, that although there was no evidence of actual [376]*376intent on Household’s part to bring about Broxie’s dismissal, the jury could find for Broxie on his claim for intentional interference with contractual relations if Household knew or should have known that Broxie’s discharge was certain or substantially certain to result from Household’s actions. Household neither objected to the court’s charge on the issue of specific intent2 nor offered a point for charge on that issue. The jury returned a verdict for Broxie. Appellant’s motions for judgment non obstante veredicto and for a new trial were denied by a court en banc.
Household’s appeal to the Superior Court ultimately resulted in an affirmance of the judgment of the trial court. Broxie v. Household Finance Company, 232 Pa. Super. 431, 335 A.2d 823 (1975).3 In that appeal, the Superior Court did not reach the merits of the issue raised by Household as to the definition of specific intent in the tort of intentional interference with contractual relations. Rather, the court ruled that Household’s fail[377]*377ure to object to the trial court’s charge on the element of intent constituted a waiver of the issue. This Court then granted Household’s petition for allowance of appeal.4 We affirm.
The first issue for decision is whether the Superior Court erred in holding that appellant’s failure to take exception to the trial court’s charge on the element of intent in the tort of intentional interference with contractual relations constituted a waiver of its right to appellate review of the trial court’s denial of its motion for judgment n. o. v., as well as its motion for a new trial.
It has long been the law in this Commonwealth that in order to preserve for appellate review an issue concerning the correctness of a trial court’s charge to the jury, the complaining party must submit a specific point for charge or make a timely specific objection to the charge as given. E. g., Lobalzo v. Varoli, 422 Pa. 5, 220 A.2d 634 (1966); Bell v. Yellow Cab Co., 399 Pa. 332, 160 A.2d 437 (1960). See also Commonwealth v. Sisak, 436 Pa. 262, 259 A.2d 428 (1969). The only exception to this general rule was where a trial court’s charge involved basic and fundamental error, but this exception was formally abrogated in Dilliplaine v. Lehigh Valley Trust Co., 457 Pa. 255, 322 A.2d 114 (1974). See also Commonwealth v. Clair, 458 Pa. 418, 326 A.2d 272 (1974). Thus there can be no doubt, and appellant apparently concedes, that its failure to object to the trial court’s charge concerning specific intent precludes it from assigning, on appeal, error in that charge as a reason for the grant of a new trial.
With respect to the trial court’s refusal of appellant’s motion for judgment n. o. v., however, it is contended that because appellant fully complied with the [378]*378procedural requirements relating to such a motion,5 it automatically preserved for appeal all legal issues bearing on the disposition of its motion for that relief, and that whether the trial court employed the correct legal standard in deciding that the evidence was sufficient to support the verdict is among such preserved issues. The Superior Court disagreed, and we believe it was correct in so doing.
As noted above, a party’s failure to object to a trial court’s charge in a specific and timely fashion precludes that party from assigning, on appeal, error in that charge in support of its request for a new trial. We perceive no reason for according disparate treatment to a party who does not object at trial to an allegedly erroneous charge simply because that party is seeking a judgment n. o. v. rather than a new trial. We recognize that conceptually appellant is not directly claiming that the trial court’s charge on specific intent was erroneous, but rather is arguing that the evidence at trial was insufficient as a matter of law to support the verdict rendered. Nevertheless, we cannot ignore the fact that in actuality appellant is seeking to have an appellate court employ a legal standard for judging the sufficiency of the evidence which is different from that used by the trial court and which appellant did not bring to the attention of the trial court in a timely fashion by means of a specific point for charge of a specific objection to the charge as given. In short, the purport of the present argument is that the jury was allowed to reach its verdict under a statement of applicable law which, appellant now contends, was not correct law. But to allow a party to [379]*379escape the consequences of failing to object timely and specifically to a trial court’s charge simply because of the nature of the relief sought would elevate form over substance. Indeed, given the fact that the remedy of a judgment n. o. v. is more drastic than the award of a new trial, it would be inequitable to address the merits of an unpreserved claim such as appellant’s while refusing a similar request by a party who seeks merely a new trial. We therefore conclude that a party who neither specifically objects to a charge on a particular subject nor offers a specific point for charge waives its right to a judgment n. o. v. (or to appellate review of a trial court’s denial of a motion for judgment n. o. v.) where the basis of the motion is that the law against which the sufficiency of the evidence is to be measured was not the law as given to the jury.
In this case, appellant is arguing that in measuring the sufficiency of the evidence to make out the tort of intentional interference with contractual relations, the trial court employed an incorrect legal standard as to the element of specific intent. Because appellant neither requested a specific instruction on the element of intent to bring about Broxie’s dismissal from his job, nor took a specific exception to the charge as given on this point, we hold that appellant has waived its right to appellate review of the trial court’s denial of its motion for judgment n. o. v.6
[380]*380Household makes the further claim that, even assuming the trial court’s charge on the element of specific intent was correct, appellant is still entitled to a judgment n. o. v. since there was no competent, credible evidence legally sufficient to sustain the verdict; that is, there was no evidence that Household knew or should have known that Broxie’s dismissal was certain or substantially certain to flow from its actions in contacting Broxie’s employer.7 Since Household has complied with all the procedural prerequisites for a judgment n. o. v.,8 we agree that it is entitled to appellate review of this issue.
It is well-settled that “[i]n considering a motion for judgment n. o. v., the evidence must be considered in the light most favorable to the verdict winner, and he must be given the benefit of every reasonable inference of fact arising therefrom, and any conflict in the evidence must be resolved in his favor.” Metis v. Griglak, 438 Pa. 392, 395, 264 A.2d 684, 686 (1970) (citations omitted). Moreover, “a judgment n. o. v. will be entered only in a clear case, and . . . any doubts will be resolved in favor of the verdict.” Stewart v. Chernicky, 439 Pa. 43, 53, 266 A.2d 259, 265 (1970) (citations omitted). Viewing the evidence presented at trial in light of this standard of review, we are satisfied that there was sufficient evidence upon which the jury could conclude that Household knew or should have known that [381]*381its conduct was certain or substantially certain to result in Broxie’s discharge from his job with the Post Office.
Order of the Superior Court affirmed.
JONES, former C. J., did not participate in the decision of this case.
MANDERINO, J., filed a dissenting opinion.