First Law Strategy Group's David Senoff, left, and Lamb McErlane's Maureen McBride, right. Courtesy photos Pa. Justices Voice Disagreement on Need for Itemized Verdict Slip in Damages Appeal
Chief Justice Max Baer and Justice Kevin Brobson both questioned why the plaintiff would not share in that responsibility to separate any appeal-bound claims. But Justice David Wecht said defense counsel could have anticipated the need for an itemized verdict slip.
April 12, 2022 at 04:41 PM
4 minute read
Pennsylvania Supreme Court justices appeared to be at odds during a Tuesday hearing over the appropriate way to challenge a specific portion of a lump-sum verdict, with several expressing doubt on the idea that the defendants should have proposed an itemized verdict slip at trial.
As the justices heard arguments over whether defendants could seek a new trial on pain and suffering damages on a non-itemized jury verdict, they disagreed on the duty the defendants had to anticipate the matters on which they would later seek an appeal.
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