39 Pa. D. & C.5th 428
Pennsylvania Court of Common P...2014Background
- Decedent died from DVT/PE in hospital; causation is contested, not the existence of death.
- Plaintiff settled with settling defendants (hospital and Drs. Smith, McGinley, Hanley) prior to trial under UCATA pro tanto release.
- Non-settling defendants remain in suit to preserve joint tortfeasor issues and potential apportionment.
- Release provides for pro-rata reduction if non-settling defendants are jointly liable with settling defendants.
- Trial yielded a verdict for all defendants as non-negligent; hospital was nonsuited.
- Plaintiff sought post-trial relief, including discontinuing settling defendants and limiting expert cross-examination; relief denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Discontinuing settling defendants and verdict-slip inclusion | Stang to discontinue against settling defendants | UCATA requires settling defendants to remain for apportionment | Denial upheld; settling defendants remain for apportionment |
| Prima facie case against settling doctors for verdict slip | Settling doctors negligent; should be on verdict slip | No prima facie case against settling doctors | Prima facie case established; include on verdict slip |
| Scope of cross-examination of plaintiff's experts | Limit cross-examination to non-settling defendants’ issues | Cross-examination may address all opinions | Cross-examination allowed on full expert opinions, including against settling defendants |
Key Cases Cited
- Baker v. ACandS, 755 A.2d 664 (Pa. 2000) (set-off under UCATA; pro rata vs pro tanto releases)
- Davis v. Miller, 123 A.2d 422 (Pa. 1956) (joint tortfeasor releases preserve apportionment rights)
- National Liberty Life Ins. Co. v. Kling Partnership, 504 A.2d 1273 (Pa. Super. 1986) (cross-claims unnecessary to retain settling defendants for apportionment)
- Hyrcza v. West Penn Allegheny Health System, Inc., 978 A.2d 961 (Pa. Super. 2009) (right of non-settling defendant to have settling defendant on verdict slip)
- Herbert v. Parkview Hospital, 854 A.2d 1285 (Pa. Super. 2004) (elements of medical malpractice; causation via deviation)
- Boucher v. Pennsylvania Hospital, 831 A.2d 623 (Pa. Super. 2003) (cross-exam may include non-admitted reports to impeach expert)
- Mattia v. Sears, Roebuck & Company, 531 A.2d 789 (Pa. Super. 1987) (joint tortfeasor status and contribution framework)