Shinal, M. v. Toms, S.

• Court: Superior Court of Pennsylvania
• Decided: August 25, 2015
• Docket: 1714 MDA 2014
• Status: Published

Opinion

J-S41032-15

2015 PA Super 178

MEGAN I. SHINAL AND ROBERT J. IN THE SUPERIOR COURT OF SHINAL, HER HUSBAND PENNSYLVANIA

Appellants

v.

STEVEN A. TOMS, M.D.,

Appellee No. 1714 MDA 2014

Appeal from the Judgment Entered September 29, 2014 In the Court of Common Pleas of Montour County Civil Division at No(s): 588-CV-2009

BEFORE: ALLEN, J., LAZARUS, J., and PLATT, J.*

DISSENTING STATEMENT BY LAZARUS, J.: FILED AUGUST 25, 2015

For the reasons set forth in Cordes v. Assocs. of Internal Med., 87

A.3d 829 (Pa. Super. 2014) (opinion in support of reversal by Wecht, J.;

opinion in support of reversal by Donohue, J.), I respectfully dissent.

Accordingly, I would reverse the denial of Appellants’ post-verdict

motion, and remand this matter for a new trial.

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* Retired Senior Judge assigned to the Superior Court.