Myers v. Mihail, Pa. No. CV-20-1013 (C.P. Lycoming January 20, 2022) (Tira, J.)  This case, which is out of our office, once again strikes new matter where there are no substantive facts and where the defendant can replead.  Involved here was the collateral source rule; claims of omissions or actions by others; defense is under […]

Pa. v. Geisinger-Community Med. Ctr., No. 20-CV-4775 (C.P. Lackawanna March 4, 2022, Nealon J. In this malpractice action asserting negligence by various health care providers that caused the minor-plaintiff to develop catastrophic brain injuries and neurological damage during her birth in 2006, plaintiff conducted the discovery deposition of the labor and delivery nurse who is […]

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 […]

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 […]