Straus v. Rahn

Summary

The Pennsylvania Supreme Court affirmed an order granting a new trial in a wrongful death negligence action. The trial court's jury instruction erroneously stated that the plaintiff bore the burden of proving the decedent was free from contributory negligence, which is a misstatement of the law; instead, the plaintiff must present a case clear of contributory negligence. The appellate court also noted that an order granting a new trial is generally not reviewable on appeal unless the lower court certifies that a controlling point of law was decisive, which did not occur here.

Holdings

1. It is error to instruct that the plaintiff bears the burden of proving both the defendant's negligence and the absence of negligence by the plaintiff's decedent. Although the plaintiff must present a case clear of contributory negligence to recover, the absence of contributory negligence is not an element that the plaintiff must affirmatively prove in that manner.
2. The decedent's contributory negligence was not established as a matter of law on this record; it was a question of fact for the jury.
3. The appellate court will not review an order granting a new trial unless the record shows that the lower court would have refused to grant the new trial but for a distinctly stated legal issue that controlled the whole case, generally through an express certificate from the trial judge.

Questions Presented

1. Whether the trial court's instruction placing the burden on plaintiff to prove that the decedent was free from contributory negligence was erroneous.
2. Whether the decedent's contributory negligence was established as a matter of law, such that the erroneous instruction could not have prejudiced plaintiff and the new-trial order constituted an abuse of discretion.
3. Whether the appellate court could review the order granting a new trial absent a certificate from the trial judge stating that the new trial would not have been granted but for a single controlling legal issue.

Disposition

affirmed