Patrick B. Kozak and Mary Ann Kozak v. Wayne Struth and Mckeesport Area School District

Appellants, Patrick B. Kozak and Mary Ann Kozak, appeal by allowance a Superior Court order which affirmed Allegheny County Common Pleas judgment on a jury verdict for appellee Wayne Struth. They argue that the trial court abused its discretion in permitting appellees expert witness to comment on the totality of the evidence. Because an expert may not usurp the jury function by weighing and testing the credibility of other witnesses, we hold, under all the circumstances presented by this record, that admission of the particular expert testimony given was an abuse of the trial courts discretion. We therefore reverse the order of Superior Court and remand to Common Pleas for a new trial.