On Remand, Pennsylvania Panel Again Grants New Trial In Nursing Home Negligence Case

Mealey's (January 12, 2021, 11:13 AM EST) -- HARRISBURG, Pa. — On remand from the Pennsylvania Supreme Court, which in July ruled that a trial court may use its sua sponte authority to grant a new trial “only where ‘exceedingly clear error’ results in ‘manifest injustice’ of a constitutional or structural nature,” an intermediate appeals panel on Jan. 5 again affirmed the grant of a new trial in a nursing home negligence case, finding that a nurse’s testimony and a related jury instruction were improper, “misled the jury and contributed to its rendering an unfair compensatory damages verdict.”...