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Barnhill v. Storm, 2018 Phila. Ct. Com. Pl. LEXIS 35 (June 1, 2018) Massiah-Jackson, J.  Defendant Children’s Hospital of Philadelphia (“CHOP”) filed a motion for partial summary judgment on the issue of corporate negligence.  First, the defendant asserted that the expert report submitted by plaintiff Barnhill was based on speculation and conjecture and was inadmissible.  Further, CHOP asserted that the negligence, if any, claimed by plaintiff was a decision made by co-defnedant Philip B. Storm, MD to surgically resect into Ms. Barnhill’s brain on December 15, 2014, without the use of intraoperative angiography.  Thus, CHOP claimed that the defendant hospital was not directly/corporately negligent for an independent action by the physician.

After careful consideration of the issues presented, it was apparent that material facts were in dispute; that insufficient evidence existed to make out a prima facie case; and, there was sufficient evidence where a jury might find in favor of the non-moving party.  The court was unable to conclude that summary judgment was appropriate as a matter of law.