PA Bicycle Accident Victim Award New Trial

Posted on: July 10th, 2012       Attorney Thomas Newell

A decision by the PA Superior Court granted a new trial in a fatal Pennsylvania bicycle accident case. A bicyclist in Philadelphia was struck and killed by a tractor-trailer. The truck had just passed a double-parked car prior to the bicycle accident. The PA bicycle accident lawyer filed suit versus the truck driver and owner of the car.

During the trial, the attorney representing the tractor-trailer operator cross-examined the treating physician of the bicyclist. She referred to an illegal drug in the victim’s blood system even though the trial judge had earlier warned the defense lawyer not to bring up this topic.

The Pennsylvania bicycle accident attorney filed an appeal after the jury’s verdict claiming that the bicycle victim’s estate was harmed by this attorney misconduct. The PA Superior Court agreed that the drug reference had a prejudicial effect on the Pennsylvania bicycle accident case and ordered a new trial. Poust v. Hylton, 940 A.2d 380 (Pa. Super. 2007)

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