Procedure

July 23rd, 2019 by Rieders Travis in Procedure

PROCEDURE-NEW MATTER-CONNOR OJBECTIONS Stetts v. Camacho, C.C.P. Lycoming No. 20-0860 (Feb. 24, 2021) (Linhardt, J.)  A prior decision in Allen v. Lipson was affirmed.  Upon review, the Court determines that Defendant’s New Matter raises largely “boilerplate” defenses to the pleadings without supportive facts. The Court therefore SUSTAINS Plaintiff’s Preliminary Objections IN PART. The Court STRIKES paragraphs 24 through 30 and paragraphs 34 through 42 of Defendant’s New Matter. Defendant shall be without prejudice to seek leave of Court to amend New Matter, when and if appropriate, once further discovery has been conducted. Such requests for amendment will be liberally granted. The Court further holds that paragraphs 31 through 33 of Defendant’s New Matter, which aver violations of various provisions of the PMVFRL, are sufficiently specific as to the material facts relied upon to enable Plaintiff to adequately respond. Therefore, these provisions shall not be stricken. Plaintiff shall file a Reply to paragraphs 31 through 33 of Defendant’s New Matter within twenty (20) days of the date of this ORDER. IT IS SO ORDERED this 24th day of February 2021. PROCEDURE-DISCOVERY-TEMPLATES AND MACROS-MEDICAL MALPRACTICE DelGuercio v. Tio, C.P. Lackawanna No. 19…

PROCEDURE-FORUM NON CONVENIENS-MEDICAL MALPRACTICE

January 25th, 2018 by Rieders Travis in Procedure

Paige Moody and Khalil Tomlinson v. Lehigh Valley Hospital – Cedar Crest, 2018 Pa. Super. LEXIS 28 (January 18, 2018) Bowes, J.  Wrongful death and survival action sounding in medical malpractice was filed in Philadelphia.  The trial court transferred the case to Lehigh Valley on forum non conveniens grounds.  The Superior Court reversed and remanded for further proceedings consistent with the opinion.  A 17-month-old presented at Lehigh Valley Hospital with a history of vomiting and coughing.  She came under the care of physicians there.  After further doctor and hospital visits to various doctors and Lehigh Valley Hospital, the child was transferred to Children’s Hospital of Philadelphia by helicopter.  The doctors at Children’s Hospital performed a cardiac procedure and administered an overdose of versed, 10 times the proper dose.  The child died at Children’s Hospital eight (8) days later.  The burden to transfer on forum non conveniens grounds is a heavy one.  It must be shown that the chosen forum is either vexatious or oppressive.  Vexatious means that the plaintiff’s choice was intended to harass the defendant, even at some inconvenience to the plaintiff himself.  Oppressiveness requires a detailed factual showing…

DRAGONETTI-DAMAGES-PROOF OF WRONGFUL USE OF CIVIL PROCEEDINGS

October 19th, 2016 by Rieders Travis in Procedure

Miller v. St. Luke’s Uiv. Health Network, 142 A.3d 884 (Pa. Super. 2016).  “The question before us, therefore, is whether the trial court properly declined to instruct the jury that Dragonetti Act damages are presumed to flow from a defendant’s wrongful use of civil proceedings in favor of instructing, instead, that a plaintiff who proves wrongful use still carries the burden of proving resultant damages…We, therefore, dismiss Appellant’s challenge to the jury charge as meritless.”  In spite of the jury’s finding of a violation of the Dragonetti Act, the jury had the right to find that there were no damages.  The court did not disturb the jury’s determination that there was no probable cause in pursuing the claim of wrongful use of civil proceedings.