Pennsylvania Supreme Court Addresses No Felony Conviction Rule In Terms of Personal Injury Lawsuits

In the case of DiNardo v. Kohler, No. 22 EAP 2022 (Pa. Nov. 22, 2023)(Maj. Op. by Todd, C.J.)(Dougherty, J., Concurring), the Pennsylvania Supreme Court addressed the “no felony conviction recovery” rule and, in the process, affirmed an Order of the Superior Court barring a medical malpractice claim presented on behalf of a Plaintiff who pleaded guilty to four (4) courts of first degree murder of others.

According to the Opinion, the Plaintiff, who allegedly suffered from various mental health issues, confessed to killing four (4) individuals and pled guilty to first degree murder.

Thereafter, that Plaintiff filed a Complaint against his treating psychiatrist and his healthcare providers, alleging that his criminal conduct was the result of his psychiatrist’s grossly negligent treatment. The Plaintiff sought compensatory damages along with indemnification for the judgment levied against him by his victims’ families, along with counsel fees.

The Pennsylvania Supreme Court noted that the “No Felony Conviction Recovery” rule prohibits an individual from benefiting or profiting, via the civil laws, from his own criminal conduct.

After a review of the case before it, the Pennsylvania Supreme Court affirmed the Order of the Superior Court finding that the rule barred the Plaintiff’s medical malpractice claim presented in this case.

Anyone wishing to review a copy of this decision may click this LINK.  Justice Dougherty's Concurring Opinion can be viewed at this LINK.

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