Lageman, E. v. Zepp, J., IV, D.O. ( 2021 )

M.D. Appeal Dkt.
21 - 2021
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
ELIZABETH H. LAGEMAN, BY AND : No. 578 MAL 2020
THROUGH HER POWER OF ATTORNEY :
AND DAUGHTER, ADRIENNE LAGEMAN, :
: Petition for Allowance of Appeal
Respondents : from the Order of the Superior Court
:
:
v. :
:
:
JOHN ZEPP, IV, D.O.; ANESTHESIA :
ASSOCIATES OF YORK, PA, INC.; YORK :
HOSPITAL; AND WELLSPAN HEALTH, :
T/D/B/A YORK HOSPITAL, :
:
Petitioners :
ORDER
PER CURIAM
AND NOW, this 31st day of March, 2021, the Petition for Allowance of Appeal is
GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to the
remaining issue. The issue, as stated by Petitioners, is:
Did the Superior Court’s majority opinion conflict with this Court’s holdings in
Quinby v. Plumsteadville Family Practice, Inc., 907 A.2d 1061 (Pa. 2006), and
Toogood v. Rogal, 824 A.2d 1140 (Pa. 2003) (plurality), and the Superior Court’s
en banc opinion in MacNutt v. Temple Univ. Hosp., 932 A.2d 980(Pa. Super. 2007) (en banc), when the Superior Court found an abuse of discretion
and reversible error in the trial court’s refusal to give a jury instruction on res ipsa
loquitur where the underlying case was medically complex and the plaintiff had
otherwise established a prima facie case of medical professional negligence by
direct expert testimony offered to a reasonable degree of medical certainty?