Robert v. Chodoff , 259 Pa. Super. 332 ( 1978 )

PRICE, Judge,

concurring:

I join the majority opinion in all of its conclusions, but file this opinion only to express my conviction that the charge of the court below contravened the requirements of Hamil v. Bashline (Bashline II), 243 Pa.Super. 227, 364 A.2d 1366 (1976) and Gradel v. Inouye, 252 Pa.Super. 392, 381 A.2d 975 (1977) when it charged the jury that proximate causation entails a finding that the appellant's negligence was ". . . a substantial factor . . ." in causing appellee's damage. Further I wish to state that I do not agree in toto with the comments contained in footnote 22 (Slip Opinion P. 18) of the majority opinion as they relate to the expert testimony of appellee's witnesses.

I do, however, agree that appellant has waived the argument.

I join in affirming the judgment.