Mitchell, P. v. Dedejczyk, G.
CourtSuperior Court of Pennsylvania
Date FiledOctober 30, 2026
Docket1242 WDA 2025
JudgeLane
StatusUnpublished
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Full Opinion
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
PEYTON E. MITCHELL : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
:
:
v. :
:
:
GRZEGORZ DEDEJCZYK, EAN : No. 1242 WDA 2025
HOLDINGS, LLC :
Appeal from the Judgment Entered October 20, 2025
In the Court of Common Pleas of Armstrong County Civil Division at
No(s): 2021-0154-CIV
BEFORE: STABILE, J., LANE, J., and BENDER, P.J.E.
MEMORANDUM BY LANE, J.: FILED: October 30, 2026
Peyton E. Mitchell (“Mitchell”) appeals from the judgment imposed in
favor of Grzegorz1 Dedejczyk (“Dedejczyk”) on Mitchell’s claim for negligence.
We affirm.
The trial court summarized the relevant factual history of this matter as
follows:
This case arises from an automobile . . . collision on
December 16, 2020. . . . Mitchell and . . . Dedejczyk were
operating their respective vehicles on a long, straight hill on a
snowy day. Mitchell, in her Honda Civic, was traveling down the
hill; Dedejczyk, in his rented Dodge minivan, was traveling up the
hill. Dedejczyk felt his minivan begin to lose traction because of
the snow. Concerned that he would slide backward down the hill,
with the attendant risk of striking any vehicles that may enter the
roadway behind him, Dedejczyk decided to make a U-turn to his
left, so as to travel back down the hill to try to find a flat spot
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1 We note that the defendant’s first name is spelled “Gregorz” in the transcripts
and in some documents in the certified record.
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where he could pull over. He saw . . . Mitchell’s vehicle at the top
of the hill, and thought he had enough time to make the U-turn.
As he made the U-turn onto the eastbound lane, the two vehicles
collided. The parties differed on which vehicle ran into the other.
Mitchell alleged that she sustained personal injuries, and
filed a complaint on February 22, 2021 against Dedejczyk,
asserting a negligence cause of action.[2]. . .
Trial Court Opinion, 11/20/25, at 1-3 (paragraph break added).
The matter proceeded to a jury trial in August 2025. Mitchell testified
that she was traveling down the hill in her red Honda Civic hatchback when
Dedejczyk “veer[ed] towards [her] lane and [came] completely into [her] lane
when the collision happened.” N.T. (“Testimony of Peyton Mitchell”), 8/21/25,
at 12.3 She stated: “He was really close because there wasn’t really enough
time to react to, you know, to try to prevent the accident. It was like seconds.
I don’t know distance-wise, but he was close.” Id. at 12-13. Mitchell insisted
she was “not speeding,” and estimated she was traveling thirty-five miles per
hour, ten miles per hour under the forty-five miles per hour speed limit, “due
to the weather conditions.” Id. at 11-12.
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2 Mitchell subsequently added EAN Holdings, LLC (the owner of Dedejczyk’s
minivan) and Clerac, LLC (a subsidiary of Enterprise Rent-A-Car who rented
the minivan to Dedejczyk) as defendants. The trial court later discontinued
Mitchell’s claims against these defendants and the matter proceeded to trial
against Dedejczyk only.
3 The certified record included several trial transcripts for the August 21, 2025
and August 22. 2025 proceedings. We identify these volumes with the
designations appearing on their cover pages.
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Dedejczyk testified consistently with the trial court’s summary above,
explaining that before beginning the U-turn, he saw Mitchell’s vehicle at the
top of the hill, approximately 3,000 feet away, and believed that he had
enough time to turn around. Dedejczyk recounted: “There was only her car
on the street on the top of the hill. When I was turning around, I almost made
it halfway to U-turn and all of a sudden I hear[d] a bang.” N.T., 8/22/25
(“Testimony of Gregorz Dedejczyk Continued”), at 17. He believed Mitchell
was speeding because he should have been able to make the U-turn safely
based on the initial distance between them. See id. at 36.
The jury entered a verdict in favor of Dedejczyk, finding that he was not
negligent. Mitchell filed a timely post-trial motion in which she argued, inter
alia, that the verdict was against the weight of the evidence, and requested
for entry of judgment notwithstanding the verdict (“JNOV”), or in the
alternative, a new trial. The trial court denied this motion on September 2,
2025.
Despite this ruling, on September 4, 2025, Dedejczyk filed a motion
objecting to Mitchell’s post-trial motion for failure to comply with Local Rule
227.1 and failure to order pertinent parts of the record as required by
Pa.R.Civ.P. 227.3. The following day, Dedejczyk filed a second motion,
wherein he argued that the jury’s verdict “should stand” but that his post-trial
motion was “being filed in the alternative context” for the sake of
“completeness and in order to preserve the issues should the jury verdict be
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overturned and a new trial granted.” Dedejczyk’s Post-Trial Motion, 9/5/25,
at 1. The trial court did not rule on Dedejczyk’s motions.
On October 2, 2025, Mitchell filed a timely notice of appeal,4 and both
Mitchell and the trial court complied with Pa.R.A.P. 1925. On October 20,
2025, upon receipt of Dedejczyk’s praecipe for final judgment, the
prothonotary entered judgment in favor of Dedejzcyk.
Subsequently, this Court issued a per curiam order directing Mitchell to
show cause as to why the appeal should not quashed as “premature and void
where [Dedejczyk’s] post-trial motions have not yet been disposed.” Order,
11/20/25, at 1. Dedejczyk responded that his post-trial motions were “filed
in the alternative context and were rendered moot by the [trial court’s] denial
of Mitchell’s post-trial motions.” Dedejczyk’s Response to Rule to Show Cause,
12/3/25, at 3. Mitchell did not file a response. Thereafter, this Court vacated
the rule to show cause, but noted that “[t]his ruling [was] not binding upon
____________________________________________
4 Mitchell purported to appeal from the September 2, 2025 order denying her
post-trial motion. Generally, however, an appeal lies “from judgments
entered subsequent to the trial court's disposition of any post-verdict motions,
not from the order denying post-trial motions." Sereda v. Ctr. City
Acquisitions, LLC, 222 A.3d 1161, 1164 n.1 (Pa. Super. 2019) (citation
omitted). Additionally, we may deem an appeal as filed from a subsequently
entered judgment. See id.; see also Pa.R.A.P. 905(a)(5) (providing that “[a]
notice of appeal filed after the announcement of a determination but before
the entry of an appealable order shall be treated as filed after such entry and
on the day thereof”). Accordingly, we have amended the caption to indicate
the appeal lies from the October 2, 2025 judgment.
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this Court as a final determination as to the propriety of the appeal [and] the
issues may be revisited by the merits panel.” Order, 1/8/26, at 26.
As a preliminary matter, we will address whether the appeal is
premature. Pursuant to Pa.R.Civ.P. 227.1, a party must file a post-trial motion
within ten days of “the conclusion of a trial in any type of action in order to
preserve claims that a party wishes to raise on appeal.” Chalkey v. Roush,
805 A.2d 491, 496 (Pa. 2002) (emphasis omitted). “If a party has filed a
timely post-trial motion, any other party may file a post-trial motion within
ten days after the filing of the first post-trial motion.” Pa.R.Civ.P. 227.1(c).
Upon receipt of a post-trial motion filed by either party, the court may “affirm,
modify or change the decision.” Pa.R.Civ.P. 227.1(a)(4). “Once a post-trial
motion is timely filed, judgment cannot be entered until the trial court enters
an order disposing of the motion or the motion is denied by operation of law
one hundred and twenty days after the filing of the motion.” Melani v.
Northwest Engineering, Inc., 909 A.2d 404, 405 (Pa.Super. 2006) (citation
omitted). “In other words, a trial court’s order at the conclusion of a trial,
whether the action is one at law or in equity, simply cannot become final for
purposes of filing an appeal until the court decides any timely post-trial
motions.” Chalkey, 805 A.2d at 496.
However, we also note that generally “an actual case or controversy
must exist at all stages of the judicial process, or a case will be dismissed as
moot. An issue before a court is moot when a determination is sought on a
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matter which, when rendered, cannot have any practical effect on the existing
controversy.” Crespo v. Hughes, 292 A.3d 612, 617 (Pa. Super. 2003)
(citations omitted).
Here, the record shows that Mitchell, who did not prevail at trial, filed a
timely post-trial motion on August 27, 2025. The trial court denied her motion
on September 2, 2025. Two days later, on September 4, 2025, Dedejczyk
filed a motion objecting to Mitchell’s post-trial motion, arguing that it did not
comply with applicable rules. On September 5, 2025, he filed a second post-
trial motion arguing that the jury’s verdict in his favor “should stand,” but
outlined issues he would assert on appeal in the event the trial court granted
Mitchell’s post-trial motion. Dedejczyk’s Post-Trial Motion, 9/5/25, at 1.
Based on the content of his motions, it appears that Dedejczyk was unaware
that the trial court had already denied Mitchell’s post-trial motion. Dedejczyk
alluded to this fact in his response to the rule to show cause, explaining that
he filed his post-trial motions in direct response to Mitchell’s, but that “around
that same time, [the trial court] entered an [o]rder . . . denying Mitchell’s
post-trial motions in their entirety.” Dedejczyk’s Response to Rule to Show
Cause, 12/3/25, at 1-2. Dedejczyk emphasized that he filed his post-trial
motion only “in the alternative context and [it] would [have] only [been]
triggered if any of [Mitchell’s] post-trial motions were granted and a new trial
ordered.” Id. at 1.
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Based on this record, we conclude that Dedejczyk’s post-trial motions
were moot since, at the time of their filing, the trial court had already denied
Mitchell’s post-trial motion. Thus, any determination on the matters raised in
Dedejczyk’s motions, while timely filed and technically still pending at the time
judgment was entered, would not have had “any practical effect on the
existing controversy.” Crespo, 292 A.3d at 617; see also Santander Bank,
N.A. v. Ansorge, 327 A.3d 259, 263 (Pa. Super. 2024) (holding that an “issue
before a court is moot if in ruling upon the issue the court cannot enter an
order that has any legal force or effect”). Accordingly, we conclude the appeal
is not premature. Therefore, we will review the merits of Mitchell’s appeal.
Mitchell raises the following sole issue for our review: “Did the trial court
err in failing to enter judgment in favor of . . . Mitchell or, in the alternative,
in failing to grant a new trial based upon the jury’s verdict being against the
greater weight of the evidence?” Mitchell’s Brief at 2.
Our review of a claim challenging the trial court’s denial of a motion for
JNOV is well-settled:
A motion for JNOV is a post-trial motion which requests the court
to enter judgment in favor of the moving party. There are two
bases on which the court can grant JNOV.
One holds that the movant is entitled to judgment as a matter of
law and the other holds that the evidence is such that no two
reasonable minds could disagree that the outcome should have
been rendered in favor of the movant. With the first, the court
reviews the record and concludes that even with all factual
inferences decided adverse to the movant the law nonetheless
requires a verdict in his favor, whereas with the second, the court
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reviews the evidentiary record and concludes that the evidence
was such that a verdict for the movant was beyond peradventure.
In an appeal from the trial court’s decision to deny a motion
for JNOV, a court must consider the evidence, together with all
favorable inferences drawn therefrom, in a light most favorable to
the verdict winner. Our standard of review when considering
motions for a directed verdict and judgment notwithstanding the
verdict are identical. We will reverse a trial court’s grant or denial
of a JNOV only when we find an abuse of discretion or an error of
law that controlled the outcome of the case. Further, the standard
of review for an appellate court is the same as that for a trial court.
Concerning any questions of law, our scope of review is plenary.
Concerning questions of credibility and weight accorded the
evidence at trial, we will not substitute our judgment for that of
the finder of fact. A JNOV should be entered only in a clear case.
The entry of a JNOV is a drastic remedy. A court cannot lightly
ignore the findings of a duly selected jury.
DeVore v. Metro Aviation, Inc., 328 A.3d 1012, 1016-17 (Pa. Super. 2024)
(citation and brackets omitted), appeal granted on other grounds, 346 A.3d
1249 (Pa. 2025).
We review challenges to the weight of the evidence as follows:
The decision to grant or deny a motion for a new trial based
upon a claim that the verdict is against the weight of the evidence
is within the sound discretion of the trial court. Thus, the function
of an appellate court on appeal is to review the trial court’s
exercise of discretion based upon a review of the record, rather
than to consider de novo the underlying question of the weight of
the evidence. An appellate court may not overturn the trial court’s
decision unless the trial court palpably abused its discretion in
ruling on the weight claim. Further, in reviewing a challenge to
the weight of the evidence, a verdict will be overturned only if it
is so contrary to the evidence as to shock one’s sense of justice.
****
A trial court’s determination that a verdict was not against the
interest of justice is one of the least assailable reasons for denying
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a new trial. A verdict is against the weight of the evidence where
certain facts are so clearly of greater weight that to ignore them
or to give them equal weight with all the facts is to deny justice.
Heffelfinger v. Shen, 342 A.3d 711, 725-26 (Pa. Super. 2025) (citation
omitted), appeal denied, 353 A.3d 1259 (Pa. 2026).
Importantly, “this Court’s review of a weight of the evidence claim is a
review of the trial court’s exercise of discretion in weighing the evidence, not
of the underlying question of whether we believe that the verdict is, in fact,
against the weight of the evidence.” In re Mampe, 932 A.2d 954, 960 (Pa.
Super. 2007). In other words, this Court “may not reweigh the evidence.”
Snyder v. Crusader Servicing Corporation, 231 A.3d 20, 28 (Pa. Super.
2020) (citation omitted). As such, the test is:
not whether this Court would have reached the same result on the
evidence presented, but, rather, after due consideration of the
evidence found credible by the jury, and viewing the evidence in
the light most favorable to the verdict winner, whether the [trial]
court could reasonably have reached its conclusion. . . .
We stress that if there is any support in the record for the trial
court’s decision to deny the appellant’s motion for a new trial
based on weight of the evidence, then we must affirm. An
appellant is not entitled to a new trial where the evidence
presented was conflicting and the fact-finder could have decided
in favor of either party.
Winschel v. Jain, 925 A.2d 782, 788 (Pa. Super. 2007) (citation omitted).
With respect to a claim of negligence, our Supreme Court has explained:
Negligence is the absence of ordinary care that a reasonably
prudent person would exercise in the same or similar
circumstances. While the existence of a duty is a question of law,
whether there has been a neglect of such duty is generally for the
jury. The plaintiff has the burden of establishing, by a
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preponderance of the evidence, that the defendant engaged in
conduct that deviated from the general standard of care expected
under the circumstances, and that this deviation proximately
caused actual harm. To establish a prima facie case of negligence,
a plaintiff must plead that the defendant owed a duty of care to
the plaintiff, the defendant breached that duty, the breach
resulted in injury to the plaintiff, and the plaintiff suffered an
actual loss or damage. . . .
Walters v. UPMC Presbyterian Shadyside, 187 A.3d 214, 221 (Pa. 2018)
(citations, quotation marks, and brackets omitted).
Mitchell argues that this was “not a situation . . . of a mere conflict of
testimony; rather, it [was] a situation where the jury ignored the evidence to
deliver a verdict that was not in accord with justice.” Mitchell’s Brief at 7. She
avers that Dedejczyk’s stated reasons for making the U-turn — the loss of
traction and fear of sliding backwards — “conflict[] with the laws of nature”
and “[was] not a matter of ‘credibility,’ but a matter of Newtonian physics that
the trial court was required to recognize.” Id. at 8. She contends that “given
the circumstances of this accident, i.e., it occurring in . . . Mitchell’s lane of
travel . . . with no evidence of . . . Mitchell’s comparative negligence,” there
was “only one conclusion: that [Dedejczyk] negligently operated his vehicle.”
Id. at 11.
The trial court considered Mitchell’s issue and found it meritless,
reasoning:
It is impossible to know with certainty what evidence the
jury found to be credible, but the two drivers had varying accounts
of what led to the crash. . . .
****
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In short, the parties’ testimony conflicted on some points,
and the jury resolved that conflict. A new trial should not be
granted because of a mere conflict in testimony or because the
trial judge on the same facts may have arrived at a different
conclusion. My sense of justice is not shocked by this verdict.
Credibility determinations are within the sole province of the
jury. A jury can believe any part of a witness’ testimony that they
choose, and may disregard any portion of the testimony they
disbelieve. Because of the conflicting versions of the events
surrounding the accident, it was the jury’s duty to make a
credibility determination and to decide whether [Dedejczyk]
exercised ordinary care under the circumstances.[]
Negligence is the absence of ordinary care that a reasonably
prudent person would exercise in the same or similar
circumstances. The mere occurrence of an accident does not
establish negligent conduct.[] Throughout the history of this case,
continuing until the verdict, counsel for [Mitchell] has been
adamant that negligence and liability is a foregone conclusion.
The verdict clearly shows otherwise.
Trial Court Opinion, 11/20/25, at 9, 11-12 (citations and footnotes omitted).
With respect to the trial court’s denial of Mitchell’s motion for JNOV, we
determine that the court did not abuse its discretion. After reviewing the
record, we conclude that there was sufficient evidence upon which the jury
could have rendered its verdict; therefore, an entry of JNOV was not
warranted in this matter. We emphasize that “the entry of JNOV is a drastic
remedy,” and we “cannot lightly ignore the findings of a duly selected jury.”
DeVore, 328 A.3d at 1016-17. Accordingly, no relief is due on Mitchell’s
challenge to the trial court’s denial of her motion for JNOV.
Furthermore, after careful review of the evidence in the light most
favorable to Dedejczyk as the verdict winner, we conclude that the trial court
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properly exercised its discretion in finding that the jury’s verdict was not
against the weight of the evidence. We reiterate that this Court will give the
gravest consideration to the findings and reasons advanced by the trial court
when reviewing its determination as to whether the verdict was against the
weight of the evidence. See Heffelfinger, 342 A.3d at 725. Indeed, one of
the least assailable reasons for denying a new trial is the trial court’s
determination that the verdict was not against the weight of the evidence.
See id.
Here, Mitchell’s arguments in support of her challenge to the weight of
the evidence all center on her insistence that Dedejczyk’s decision to make
the U-turn was “unreasonable and negligent.” Mitchell’s Brief at 10. In
advancing this claim, Mitchell is essentially asking this Court to reweigh the
evidence and to accord no weight to Dedejczyk’s testimony that the U-turn
was reasonable due to poor road conditions on a steep, snowy hill, and that
he believed Mitchell’s vehicle was far enough away such that he could
complete the U-turn safely. Instead, Mitchell asks this Court to give all weight
to her testimony that she was driving well below the speed limit and that
Dedejczyk, suddenly and without warning, turned his vehicle directly into her
lane and struck her. This we cannot do, as this Court may not reweigh the
evidence. See Snyder, 231 A.3d at 28.
Rather, this Court’s role is to review the exercise of discretion by the
trial court in ruling on the weight claim. In this regard, we discern no abuse
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of such discretion by the trial court. As explained above, a new trial cannot
be granted on the grounds that the verdict was against the weight of the
evidence if the evidence at trial was conflicting and the jury could have decided
in favor of either party. See Winschel, 925 A.2d at 788. The jury was free
to credit Dedejczyk’s testimony and find that he did not act negligently. See
Heffelfinger, 832 A.3d at 726. Therefore, we conclude that the trial court
did not abuse its discretion in denying a new trial on the basis that the verdict
was against the weight of the evidence. Accordingly, we affirm the judgment
entered in favor of Dedejczyk.
Judgment affirmed.
DATE: 10/30/2026
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