In the case of Hughes v. Wilkes-Barre Hospital Company,
N. 2016-CV-6463 (C.P. Lacka. Co. Aug. 14, 2017 Nealon, J.), Judge Terrence R.
Nealon of the Lackawanna County Court of Common Pleas addressed several issues
in a medical malpractice action including issues of allegedly improper venue,
corporate negligence theory, agency law questions, and punitive damages
issues.
Of note, the court found the
venue was proper in Lackawanna County based upon the existence of proper venue
over the Lackawanna County Hospital and given the Plaintiffs’ assertion of
joint and several liability against all named Defendants.
Judge Terrence R. Nealon Lackawanna County |
The court additionally found that
the Plaintiff stated valid causes of action for corporate negligence against
the hospital Defendants along with valid claims for vicarious liability based
upon the ostensible agency standard set forth in the MCARE Act.
The court also reviewed the validity of claims of punitive damages pled in the case in form of allegations of recklessness and wanton conduct.
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