Webb, M. v. Volvo Cars of North America

Opinion

J-A33020-15 2016 PA Super 203

MARK WEBB, AS ADMINISTRATOR FOR : IN THE SUPERIOR COURT OF THE ESTATE OF SABINO WEBB, : PENNSYLVANIA 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 : No. 1367 EDA 2014

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.:FILED SEPTEMBER 09, 2016

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.

* Retired Senior Judge assigned to the Superior Court.