Kirksey, R. v. Children's Hospital of Pgh.

• Court: Supreme Court of Pennsylvania
• Decided: June 23, 2020
• Docket: 17 WAL 2020 (Granted)
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

ROBERT KIRKSEY, JR., : No. 17 WAL 2020 : Petitioner : : Petition for Allowance of Appeal : from the Order of the Superior Court v. : : : CHILDREN'S HOSPITAL OF PITTSBURGH : OF UPMC, UNIVERSITY OF PITTSBURGH : PHYSICIANS, AND SATYANARAYANA : GEDELA, M.D., : : Respondents :

ORDER

PER CURIAM

AND NOW, this 23rd day of June, 2020, the Petition for Allowance of Appeal is

GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to all

remaining issues. The issue, as stated by petitioner, is:

(1) In an issue of first impression and of substantial public importance, whether the Superior Court’s holding directly conflicts with this Honorable Court’s holding in Mitchell v. Shikora, 209 A.3d 307 (Pa. June 18, 2019), which instructs that when evidence of general risks and complications is admitted in a medical negligence claim to establish the applicable standard of care a limiting instruction is warranted as was requested here but was denied by the trial court and glossed over by the Superior Court?