Imblum v. Shober

21 Pa. D. & C.5th 6
CourtPennsylvania Court of Common Pleas, Lawrence County
DecidedJanuary 19, 2011
Docketno. 30008 of 2010
StatusPublished

This text of 21 Pa. D. & C.5th 6 (Imblum v. Shober) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lawrence County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Imblum v. Shober, 21 Pa. D. & C.5th 6 (Pa. Super. Ct. 2011).

Opinion

COX, J.,

Before the court for disposition are the preliminary objections and motion to strike certificate of merit for insufficiency filed on behalf of the defendants Michelle M. Shober, D.O., and Lawrence County Eye Associates, P.C. (hereinafter “Lawrence County Eye Associates”). The preliminary objections raise the following arguments:

I. The plaintiff’s complaint is insufficiently specific as it contains the terms “generally,” “recklessness” and “negligence” and it lacks specific dates and conduct, which renders the claims susceptible of amplification in violation ofthe court’s ruling in Connor v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1983);
II. The plaintiff fails to aver sufficient facts to support the averments in the complaint that the defendants’ conduct was reckless;
III. The plaintiff made broad references to agents, servants or employees, but failed to adequately identify the same; and
IV. The plaintiff’s complaint is legally insufficient as a [9]*9claim for coiporate negligence has not been extended to physician practice groups as they are not comprehensive health care providers.

In their motion to strike certificate of merit for insufficiency, the defendants contend that the plaintiff violated Pa.R.C.P. No. 1042.3(b)(1), which requires separate certificates for each licensed professional against whom the claims are asserted, because the plaintiff filed a certificate for Michelle M. Shober, D.O., and a certificate for Michelle M. Shober, D.O., and Lawrence County Eye Associates, but did not file certificates for the unnamed agents, servants or employees referenced in the complaint.

According to the complaint, the plaintiff received medical care from Dr. Shober, an agent or representative of Lawrence County Eye Associates, regarding the plaintiff’s deteriorating eyesight. On November 25, 2008, and December 8, 2008, the plaintiff was examined and treated by Dr. Shober for blurred vision in the right eye and for headaches above her right eye. On November 25, 2008, Dr. Shober diagnosed the plaintiff with ischemic optic neuropathy for which she ordered blood tests and steroid therapy. On the same day, Dr. Shober also diagnosed the plaintiff with primary angle closure glaucoma and prescribed glaucoma eye drops. The plaintiff was then examined by Dr. Shober on December 8, 2008, as her condition had declined to include double and blurred vision and worsening eyesight. Dr. Shober continued to treat the plaintiff with steroid therapy and eyedrops. However, the plaintiff’s condition did not improve and she now suffers from the following ailments of her right eye: profound loss of eyesight, chronic angular [10]*10closure glaucoma, peripheral retinal hemorrhages and constant pain.

As a result, the plaintiff filed suit in the current matter alleging that the plaintiff’s injuries were caused by Dr. Shober’s negligence. She also asserts a claim against Lawrence County Eye Associates in Count II. In response, the defendants filed preliminary objections and a motion to strike certificate of merit for insufficiency.

First, the defendants claim that paragraphs 17 and 24 of the plaintiff’s complaint are insufficiently specific. Paragraph 17 states, “The defendant, Michelle M. Shober, D.O., breached her obligations to plaintiff, generally, and in the following particulars.” In addition, paragraph 24 states, “The defendant, Lawrence County Eye Associates breached its obligation to the plaintiff, and the injuries and damages which are hereinafter set forth were caused solely by and were the direct and proximate result of the carelessness, recklessness, negligence and malpractice of the defendant in any or all of the following respects...” The defendants argue that the inclusion of the terms “generally,” “recklessness” and “negligence” renders those paragraphs as insufficiently specific.

The specificity of a pleading is governed by Pa.R.C.P. 1019, which states “(a) The material facts on which a cause of action or defense is based shall be stated in a concise and summary form.” Pennsylvania is a fact-pleading jurisdiction, which requires the plaintiff to provide the defendant with notice of what the plaintiff’s claim is and the grounds for the claim. Unified Sportsmen of Pennsylvania v. Pennsylvania Game Com’n (PGC), 950 A.2d 1120, 1134 (Pa. Cmwlth. 2008) (quoting Sevin [11]*11v. Kelshaw, 611 A.2d 1232, 1235 (Pa. Super. 1992)). Additionally, theplaintiffmustsummarizethe facts essential to support the claims. Id. “The rule requires a plaintiff to plead all the facts that he must prove in order to achieve recovery on the alleged cause of action. The pleading must be sufficiently specific so that the defending party will know how to prepare his defense.” Commonwealth ex rel. Pappert v. TAP Pharmaceuticals Products, Inc., 868 A.2d 624, 635 (Pa. Cmwlth. 2005) (citing Department of Transportation v. Shipley Humble Oil Co., 370 A.2d 438 (Pa. Cmwlth. 1977)). The purpose behind the rules of pleading is to enable parties to ascertain, by utilizing their own professional discretion, the claims and defenses that are asserted in the case. Krajsa v. Keypunch, Inc., 622 A.2d 355, 357 (Pa. Super. 1993). “The pleadings must adequately explain the nature of the claim to the opposing party so as to permit him to prepare a defense, and they must be sufficient to convince the court that the averments are not merely subterfuge.” In re Estate of Schofield, 505 Pa. 95, 477 A.2d 473 (1984) (citing Sokoloff v. Strick, 404 Pa. 343, 172 A.2d 302 (1961); Hornsby v. Lohmeyer, 364 Pa. 271, 72 A.2d 294 (1950); Rice v. Braden, 243 Pa. 141, 89 A. 877 (1914)).

The defendants argue that the plaintiff’s complaint violates the court’s ruling in Connor v. Allegheny General Hospital, 501 Pa. 306, 461 A.2d 600 (1983), because it contains the terms “generally” in paragraph 17 and “recklessly” in paragraph 24. The defendants assert that those terms are vague and may be amplified throughout the litigation. In her brief, the plaintiff concedes that the term was merely an introductory phrase and does not permit her to amplify her allegations of negligence in this matter. [12]*12In Connor, the court determined that a subparagraph in the complaint which states, “otherwise failfed] to use due care and caution under the circumstances,” lacked specificity and the defendant could have filed a motion to strike off that statement, but chose not to do so. Id., 501 Pa. at 311, 461 A.2d at 603 fn. 3 (citing Arner v. Sokol, 373 Pa. 587, 592-593, 96 A.2d 854, 856 (1953); King v. Brillhart, 271 Pa. 301, 114 A. 515, 516 (1921)). However, a complaint is sufficiently specific if the whole complaint contains material facts which set forth a cause of action. Lipinsky v. Graham, 88 Pa. D. & C. 156, 158 (Pa. Com. Pl. Mercer 1954). “In determining whether a particular paragraph in a complaint has been stated with necessary specificity, such paragraph must be read in context with all other allegations in that complaint.” Yacoub v.

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21 Pa. D. & C.5th 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/imblum-v-shober-pactcompllawren-2011.