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Lehighton man wants new trial in accident case

Published October 21. 2009 05:00PM

Christopher Lilly, Lehighton, against whom a jury brought in a verdict in a suit awarding David McMahon, Ashland, $204,637.22 from an auto accident after a trial last week in the Schuylkill County Court, has filed a motion for post-trial relief from the verdict asking for a new trial on the issue of the amount of the award.

In his petition Lilly claims testimony by State Trooper William Luckenbill concerning his opinion as to who was responsible for the accident should not have been admitted to the jury because the trooper did not witness the accident, is not trained to be an expert on accident reconstruction and did not have any eye witnesses to advance information about point of impact of the two vehicles.

The accident happened on River Street, Schuylkill Haven, on Sept. 29, 2004. McMahon was traveling north on River Street and Lilly in the opposite direction and the collision occurred as they rounded a curve. The troopers' report claimed the accident occurred in McMahon's lane.

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