Friday, November 8, 2013

Judge Williamson of Monroe County Strikes Vague Catch-all Allegations of Negligence from Complaint

In the case of Votta v. PrimeCare Medical, Inc., PICS Case No. 13-2544 (C.P. Monroe Co. July 11, 2013 Williamson, J.) Judge David J. Williamson of the Monroe County Court of Common Pleas sustained a Defendant’s Preliminary Objections to a Plaintiff’s Complaint with respect to the inclusion of an impermissibly vague “catch-all phrase” of negligence.  

In this action, the Plaintiff who sued the Defendants for allegedly delaying his access to medical treatment while he was incarcerated.  The delay in treatment allegedly resulted in a permanent vision deterioration.

The Plaintiff had included in one of his allegations in the Complaint the phrase, “including but not limited to” with respect to his averments of medical negligence.  

Judge Williamson found that the phrase “including but not limited to” was “exactly the kind of language” that the Pennsylvania Supreme Court held was impermissibly vague in the case of Connor v. Allegheny Gen. Hosp., 461 A.2d 600 (Pa. 1983).  

Accordingly, the Monroe County Court of Common Pleas struck this portion of the Complaint in the Votta case.    

Anyone wishing to review a copy of this decision may contact the Pennsylvania Instant Case Service of the Pennsylvania Law Weekly at 1-800-276-7427 and pay a small fee for a copy.  

Source:  Pennsylvania Law Weekly “Digest of Recent Opinions (October 1, 2013).  

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