Monday, June 1, 2009

TARA GAUDIO, INDIVIDUALLY and as The ADMINISTRATRIX of the ESTATEof ANDREW M. GAUDIO, as well as in HER CAPACITY as PARENT to PATRICIA GAUDIO, CATI

TARA GAUDIO, INDIVIDUALLY and as The ADMINISTRATRIX of the ESTATEof ANDREW M. GAUDIO, as well as in HER CAPACITY as PARENT to PATRICIA GAUDIO, CATHERINE GAUDIO, ROCCO J. GAUDIO, BROOKLYN GAUDIO, Minors v. FORD MOTOR COMPANY, AUTOLIV, GIBBONS FORD, MASTHOPE RAPIDS PROPERTY OWNERS COUNCIL,
No. 1021 EDA 2007 2009 PA Super 102 Atlantic: n/a Petition for Reargument Denied 8/6/2009 Filed: 6/1/2009

Appeal from Judgment of the Order entered April 4, 2007,
Court of Common Pleas, Pike County,
Civil Division at No. 1135-2002
Before: DONOHUE, McEWEN, P.J.E. and FITZGERALD, JJ.
Opinion by: DONOHUE, J.
Concurring and Dissenting Opinion Opinion by: FITZGERALD, J.
Appellant Tara Gaudio (“Gaudio”), both individually and as the administratrix of the estate of Andrew M. Gaudio (the “Deceased”), appeals from the trial court’s order dated April 4, 2007 entering judgment in favor of Appellee Ford Motor Company (“Ford”) after a jury trial that resulted in a verdict in Ford’s favor. Gaudio appeals various evidentiary rulings made by the trial court prior to and during trial, and further contends that the trial court erred in certain of its instructions to the jury. For the reasons set forth herein, we reverse and remand for a new trial
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