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Failure to File Post-Trial Motions Means $18.5 Mil. Verdict Stands

By Gina Passarella

The Pennsylvania Superior Court has upheld an $18.5 million verdict against grocery chains Safeway and Genuardi's because the chains did not file post-trial motions before appealing to the Superior Court.

The two chains were sued when Safeway, as the successor to Genuardi's, backed out of a lease deal with developer Newman Development Group of Pottstown, PA. The verdict was said to be the largest out of Chester County, PA, in at least 10 years. Although the grocers filed post-trial motions of a Chester County judge's initial findings in a bench-trial in Newman Development Group v. Genuardi's Family Market Inc., No. 744 EDA 2010, March 18, 2011, they did not do so after the judge made additional findings on remand from the Superior Court, and instead went right back to that court for a second appeal.

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