Swartley v. Tredyffrin Easttown School District

HESTER, Judge,

dissenting:

I respectfully dissent. The appellee, as the plaintiff below, assumed the burden of proving by a preponderance of the credible evidence that the appellant School District was negligent, and that that negligence was the proximate cause or a substantial factor in producing the injury she sustained. In my opinion she failed to meet this burden of proof. The case should not have been submitted to the jury. I would grant Judgment N.O.V.