Albert, D. v. Sheeley's Drug Store

Opinion

M.D. Appeal Dkt. 5 MAP 2021

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

DALE E. ALBERT INDIVIDUALLY AND AS : No. 416 MAL 2020 THE ADMINISTRATOR OF THE ESTATE : OF CODY M. ALBERT, DECEASED, :

: Petition for Allowance of Appeal Petitioner : from the Order of the Superior Court : :

v. :

: :

SHEELEY'S DRUG STORE, INC. AND : ZACHARY ROSS, :

:

Respondents :

ORDER

PER CURIAM

AND NOW, this 25th day of January, 2021, the Petition for Allowance of Appeal is

GRANTED. The issues, as stated by petitioner are:

(1) Did the Superior Court err in finding that Plaintiff's claim was barred under the in pari delicto doctrine, where there is no evidence in the record that the decedent participated in the scheme to procure the prescription drugs illegally?

(2) Did the Superior Court improperly expand the doctrine of in pari delicto to preclude Plaintiff's recovery simply because Decedent was in possession of a controlled substance that was not his?