DAMAGES-WRONGFUL DEATH AND SURVIVAL-LOSS FOR CHILD’S SOCIETY, COMFORT OR COMPANIONSHIP

June 17th, 2016 by Rieders Travis in Wrongful Death

Page v. Moses Taylor Hospital, Civil No. 11 CV 1402 (C.P. Lackawanna May 24, 2016) Nealon, J.  In paragraph 77 of the original Complaint, plaintiff sought to recover damages for her loss of the twins’ society, comfort and companionship.  AND NOW, this 24th day of May, 2016, upon consideration of “Defendant, Michael J. Kush, M.D.’s Motion in Limine to Preclude any Grief/Solatium/Bereavement Damages Under the Wrongful Death Act” and the “Motion in Limine of Defendants, Physicians Health Alliance, Inc., Francis E. Hamm, M.D. and Kristine M. McNulty, M.D., to Preclude any Evidence Regarding Grief/Solatium/Bereavement Damages Under the Wrongful Death Act,” and based upon the reasoning set forth above, it is hereby ORDERED and DECREED that “Defendant, Michael J. Kush, M.D.’s Motion in Limine to Preclude any Grief/Solatium/Bereavement Damages Under the Wrongful Death Act” and the “Motion in Limine of Defendants, Physicians Health Alliance, KInc., Francis E. Hamm, M.D. and Kristine M. McNulty, M.D., to Preclude any Evidence Regarding Grief/Solatium/Bereavement Damages Under the Wrongful Death Act” are both DENIED.