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Pennsylvania State Police v. Klimek4/15/2002
ath by suicide, and that Harding's rule should be extended to apply under Section 8522. Neither of the two theories supporting the Police's second issue as presented to this Court was raised or addressed before the trial court, and those new theories are therefore deemed to be waived. Kimmel; Borough of Edgewood.
As our Superior Court succinctly stated, " decision to pursue one argument over another carries the certain consequence of waiver for those arguments that could have been raised but were not." Harber, 764 A.2d at 1105. We agree with our esteemed colleagues on the Superior Court that this proposition promotes finality and judicial economy, and squarely comports with the Rules of Appellate Procedure's mandate that all grounds for relief are presented to the trial court as a necessary and efficient predicate to appellate review.
Accordingly, the order of the trial court is affirmed.
JAMES R. KELLEY, Senior Judge
ORDER
AND NOW, this 15th day of April, 2002, the order of the Court of Common Pleas of Lackawanna County, at No. 97-CIV-4574, dated July 23, 2001, is affirmed.
JAMES R. KELLEY, Senior Judge
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