Justia Injury Law Opinion Summaries

The decedent resided in Appellants’ long-term skilled nursing care facility between March and August, 2010. Due to the alleged abuse and neglect inflicted upon her throughout her stay, Decedent suffered a multitude of injuries and illnesses that eventually resulted in her death. Appellee filed suit claiming Appellants knowingly sacrificed the quality of care given to their residents. Relevant to this appeal, Appellants filed preliminary objections seeking to enforce an arbitration agreement which Appellee signed, along with general admission paperwork upon Decedent’s admission to the facility. Appellants appealed the Superior Court’s decision affirming, in relevant part, the trial court’s order overruling Appellants’ preliminary objections seeking to compel arbitration and reserving for trial the underlying negligence action filed by Appellee, daughter of the decedent, and executrix of Decedent’s estate. Finding no reversible error, the Supreme Court affirmed the Superior Court and remanded this case to the trial court for further proceedings. View "Wert v. Manorcare of Carlisle" on Justia Law

In a defamation action, appellants Randall Castellani and Joseph Corcoran brought suit against The Scranton Times and its former reporter, Jennifer L. Henn (collectively, the Newspaper) regarding the Newspaper’s publication of three articles concerning Appellants’ testimony before the Twentieth Statewide Investigating Grand Jury. The trial court denied Appellants’ pretrial motion to admit two judicial opinions at trial as evidence of the Newspaper’s state of mind, and the Superior Court affirmed. Upon review, the Supreme Court reversed. Because the judicial opinions are admissible as evidence of the Newspaper’s state of mind, the trial court should have permitted Appellants to introduce them in their action against the Newspaper. View "Castellani v. Scranton Times" on Justia Law

Appellants Margo and Daniel Polett appeal a superior court order vacating a judgment for injuries sustained by Margo after she underwent knee replacement surgery during which she received an artificial knee manufactured by Appellee Zimmer, Inc., and, thereafter, appeared in a promotional video produced and filmed by co-Appellee Public Communications, Inc. (“PCI”). The Global Director of Marketing Communications for Zimmer, Lola Yoder, contacted Margo Polett’s physician’s office and asked him to identify three female patients who had successfully undergone replacement surgery using the Gender Solutions Knee, for the purpose of having them appear in an educational promotional video which would be produced by PCI. The completed video was to feature the women providing testimonials of how the surgery had positively improved their lives, as well as showing the women participating in physical activities they had “resumed since surgery.” According to Mrs. Polett, she learned that she would be filmed while walking on a treadmill and riding a stationary exercise bicycle. Based on her assumption that the producers had consulted with Dr. Booth, and, thus, that it was okay for her to perform both physical activities, Mrs. Polett allowed herself to be filmed while walking on the treadmill and then riding the exercise bike. No one spoke with Dr. Booth about whether Mrs. Polett was medically cleared to walk on the treadmill or to ride the exercise bicycle. Mrs. Pollett complained to her husband of knee pain following the filming, and for three months thereafter. Her condition deteriorated enough that Mrs. Polett would undergo several more surgeries on her knees. The cumulative effect of these surgeries left Mrs. Polett “functionally limited” and permanently unable to fully extend her right leg. the Poletts filed suit against Appellees, as well as Penn, the University of Pennsylvania Hospital System, New City, Franck, and Video Tracks, and, also, the owner of Video Tracks, Steven Rhykerd, asserting claims for negligence and loss of consortium. New City and Franck, in turn, filed a complaint against Dr. Booth, asserting a cross-claim against him for contribution and indemnity. The Poletts did not sue Dr. Booth. After review, the Supreme Court concluded that the trial court did not abuse its discretion in barring a tolling agreement between the Poletts and Dr. Booth from being admitted into evidence. The Court also found that the trial court did not abuse its discretion in permitting Dr. Booth to provide expert testimony under Pa.R.Civ.P. 4003.5. Lastly, the Court determine that the trial court did not err in giving its supplemental “no speculation” instruction to the jury. Consequently, the order of the Superior Court was reversed and the case remanded back to the Superior Court so that it could consider the question of whether the trial court properly denied Appellees’ motion for remittitur of the verdict. View "Polett v. Public Communications Inc." on Justia Law