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Allied Electrical Supply Co. v. Roberts

Grant of new trial reversed and case remanded for reinstatement of jury verdict in favor of defendant; court erred in granting new trial based on non-party's reference to insurance during trial because plaintiff failed to object in a timely manner to the reference and because plaintiff failed to demonstrate it was prejudiced by remark.

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�1 This is an appeal from the Order entered August 16, 2001, in the Greene County Court of Common Pleas, granting Appellee/Plaintiff’s motion for a new trial. For the reasons set forth below, we reverse and remand for reinstatement of the jury verdict in favor of Appellant/Defendant.

�2 Appellant and Appellee each leased one-half of a commercial building located on East High Street in Waynesburg, Pennsylvania. *fn2 At approximately 6:00 p.m. on March 18, 1998, after Appellee’s normal business hours, a fire broke out in Appellant’s half of the building. The owner, Appellant Craig Roberts, was trapped in the store until two pedestrians heard his calls for help and broke down the locked outside door.

�3 Appellee filed this negligence action to recover for damages and loss of business incurred as a result of the fire. *fn3 Prior to trial, the parties stipulated to the amount of damages, and proceeded to a jury trial solely on liability.

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