Failure to object to a verdict before the jury’s dismissal has resulted in the loss of several arguments a bus-maker raised in an effort to overturn a $5 million award, the Commonwealth Court has ruled. However, the appellate court remanded the case on a single remaining issue, after determining the trial court rejected that argument too soon.
A unanimous three-judge panel of the Commonwealth Court on Aug. 24 remanded the case Chin v. New Flyer of America to the Philadelphia Court of Common Pleas for further examination of the defendant’s argument that the $5 million verdict was against the weight of the evidence. The trial court determined that issue had also been waived, but Commonwealth Court Judge Renee Cohn Jubelirer disagreed and said the court needed to provide further reasoning.
