Friday, June 17, 2022

Allegations of Recklessness and John/Jane Doe Allegations Allowed To Proceed

 THIS IS THE 300th TORT TALK BLOG POST IN WHICH JUDGE TERRENCE R. NEALON HAS BEEN REFERNCED, MOST OF WHICH BLOG POSTS INVOLVED A SUMMARY OF A JUDICIAL OPINION OF HIS.


In the case of Webb v. Scranton Quincy Hospital Company, No. 21-CV-4073 (C.P. Lacka. Co. June 10, 2022 Nealon, J.), Judge Terrence issued the following notable rulings regarding preliminary objecctions filed by Defendants in a medical malpractice case:

-Overruling preliminary objections to claims of recklessness on the grounds that such claims may be generally pled under Pa.R.C.P. 1019 and given that the facts pled in the Plaintiff's Complaint supported such claims in any event;

-Overruling preliminary objections asserting that the Plaintiff's allegations are too vague after finding that the Plaintiff's lengthy Complaint provide the Defendants with adequate notice of the corporate liability, negligence, and recklessness claimss against the Defendants, as well as with respect to the averments regarding the hospital's corporate owner and with respect to the regional hospital system.

-The court also found that the Plaintiff's Jane/John Doe averments in the Complaint satisfied the requirements of Pa.R.C.P. 2005 in order to properly designate an unknown defendant by a Doe designation.

As such, all of the Defendants Preliminary Objections were overruled.

Anyone wishing to review this Opinion may click this LINK.

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