Court Addresses Various Pleadings Issues in a Medical Malpractice Case, Including Allegations of Recklessness

In the case of Limon v. Kontizer, No. 2025-CV-8657 (C.P. Lacka. Co. March 30, 2026 Powell, J.), the court addressed various Preliminary Objections filed by Defendants in a medical malpractice case.

According to the Opinion, this wrongful death medical malpractice case was filed relative to the Plaintiff’s decedent’s treatment in the form of an upper GI endoscopy. According to the Complaint, the Plaintiff alleged that the various medical Defendants failed to properly diagnose, treat, and prevent aspiration pneumonia, sepsis, and multi-organ dysfunction, all of which allegedly led to the Plaintiff’s decedent’s death.

In their Preliminary Objections, the Defendants sought the dismissal of claims for reckless conduct and punitive damages, as well as claims grounded in vicarious liability and negligence.

The court overruled all of the Preliminary Objections filed.

Relative to the claims of recklessness and for punitive damages, the court held that, under Pa. R.C.P. 1019(b), conditions of the mind, such as recklessness, may be alleged in a general fashion as long as negligence is pled.

The court additionally noted that the Complaint sufficiently asserted that the Defendants knowingly disregarded serious, life-threatening risk to the decedent. Accepting these allegations are true, the court concluded that the claims for punitive damages were legally sufficient.

With regards to the issues of vicarious liability, the court rejected the Defendants’ arguments that the Complaint was deficient for failing to identify specific agents or employees. The court noted that Pennsylvania law does not require a Plaintiff in a medical malpractice case to identify every individual agent at the pleadings stage. Rather, the court noted that it is sufficient to allege that the individuals acted within the scope of their employment or agency since the identity of every healthcare professional who was involved in the decedent’s treatment during the approximately one month period at issue could be readily ascertained by the Defendants from their own records.

The court further found that the Plaintiff sufficiently alleged that the Defendants had knowledge of, and allowed the alleged reckless conduct, thereby satisfying the heightened requirements for allegations of vicarious liability for punitive damages under the MCARE Act.

The court otherwise rejected the Defendant’s objections that the Plaintiff’s negligence claims were overly broad and vague.

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Source: Lackawanna Jurist (April 10, 2026).

Judge Powell of Lackawanna County Rules in Favor of Consolidation of Post-Koken UIM and Third Party Claims

In his decision in the post-Koken case of Roth v. Gonzalez, No. 2025-CV-06170 (C.P. Lacka. Co. Feb. 19, 2026 Powell, J.), Judge Mark Powell of the Lackawanna County Cour of Common Pleas overruled the UIM carrier’s Preliminary Objections seeking to sever the Plaintiffs’ claims against the tortfeasors for negligence from the Plaintiffs’ claims against the UIM carrier for UIM benefits.

The court also overruled the tortfeasor’s Preliminary Objections seeking to strike the Plaintiff’s claims for punitive damages under an argument that there were no facts to support the claims for reckless, willful, or wanton misconduct that was asserted against a tortfeasor Defendant.

Relative to the Motion to Sever the negligence claims from the UIM claims, the court noted that the consolidation of such claims for discovery and pre-trial preparation will promote convenience and avoid duplicate depositions and other forms of discovery.

Judge Mark Powell
Lackawanna County 

Relative to the third party Defendant’s Preliminary Objections on the allegations of recklessness and the claims for punitive damages, the court found that sufficient facts were pled under which the jury could conceivably conclude that the Defendant allegedly demonstrated a careless disregard for the safety of the traveling public.

Judge Powell also noted that, with regards to the concern of the UIM carrier about the possible references to “insurance” during the course of the trial, and the prejudice that may result therefrom, the court noted that the mere mentioning of insurance, in and of itself, does not preclude the joinder of the claims as the trial court judge still has the ability to address evidentiary issues and may deal with any references to insurance at trial in a manner that the trial judge deems appropriate.

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Judge Powell of Lackawanna County Addresses Plethora of Issues Raised in Medical Malpractice Matter

In the case of Doyle v. Keyed, No. 2024-CV-9036 (C.P. Lacka. Co. Oct. 16, 2025 Powell, J.), the court issued a decision denying various Preliminary Objections filed in a medical malpractice action arising out of the death of an infant during a complicated delivery.

Of note, Judge Powell of the Lackawanna County Court of Common Pleas overruled nearly all of the challenges submitted by the Defendants, including a request by Lehigh Valley Hospital-Pocono Defendants’ request to severe their case from the claims against the St. Luke’s Hospital Defendants.

The court additionally rejected one doctor’s claim that he could not be held vicariously liable for actions by the hospital staff that worked under him. The court noted that vicarious liability may attach in a medical malpractice case under the “captain-of-the-ship” doctrine or where the physician exercises actual control over the staff members.

The court noted that, because the Complaint in this matter alleged that the doctor at issue had directed and supervised others during the delivery, those allegations stated a viable theory of vicarious liability.

The court additionally upheld the Plaintiffs’ claims of direct and corporate negligence against various Defendants.

Judge Mark Powell
Lackawanna County

Judge Powell also overruled objections to the claim for punitive damages. The court found that the facts alleged could, if proven, constitute reckless disregard warranting punitive damages.

The court also noted that, given that mental state conditions may be alleged generally under Pa. R.C.P. 1019(b), such claims could survive the pleading stage.

The court also disagreed with the defense argument that childbirth procedures are not surgical acts requiring informed consent. The court noted that the allegations that the doctor failed to discuss surgical alternatives despite risk factors present stated a plausible informed-consent claim.

The court also allowed the Plaintiffs’ claims for negligent infliction of emotional distress to proceed. The court found that the Plaintiff-mother, having suffered a physical impact and having observed her child’s death, and the father, who witnessed the traumatic delivery and aftermath, both fit within the recognized categories of Plaintiffs permitted to pursue negligent infliction of emotional distress claims. In this regard, Judge Powell noted that observation of the results of negligent medical acts can satisfy the contemporaneous observation requirement in a medical malpractice context.

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Source:  Lackawanna Jurist (Oct. 31, 2025).

Source of image: Photo by Samuel Ramos on www.unsplash.com.

Summary Judgment Denied in Case Involving Trip and Fall on Jogging Trail

In the case of Sember v. Lackawanna Heritage Valley Auth., No. 2024-CV-3255 (C.P. Lacka. Co. Oct. 22, 2025 Powell, J.), the court addressed a Motion for Judgment on the Pleadings filed by the Defendants claiming immunity under the Recreational Use of Land and Water Act relative to a trip and fall incident that occurred while the Plaintiff was jogging on the Lackawanna Heritage Trail.

The City of Scranton, which was a Co-Defendant, additionally asserted that it was entitled to immunity under the Political Subdivision Tort Claims Act.

Both Defendants asserted that they were entitled to immunity under the Recreational Use of Land and Water Act given that the trail was on recreational land that was open to the public without charge. 

The Defendants asserted that the Act provided that owners owe no duty to recreational uses to maintain safety or to warn of dangers, including with respect to paved and unpaved trails. The Defendants claimed that the Lackawanna Heritage Valley Authority and the City of Scranton both constituted owners under the Act. 

Here, however, the Plaintiff alleged a man-made hazard, that is, a raised concrete base, and also asserted that the Defendants knew of that condition but failed to repair it or warn the persons entering the land about the condition. 

Judge Mark Powell
Lackawanna County

As such, Judge Mark Powell of the Lackawanna County Court of Common Pleas held that there were issues of fact and that it could not determine from the pleadings alone whether the RULWA applied at this early stage of the litigation.  The court more specifically found that factual development was required to assess whether the condition at issue was part of the trial’s recreational use or an artificial structure beyond the protection of the Act.

Relative to The City’s claim of governmental immunity under the Political Subdivision Tort Claims Act, the City asserted that it was immune because the trail was maintained by the Lackawanna Heritage Valley Authority and was not under The City’s “care, custody, or control.” The City of Scranton also argued that the Plaintiff’s claim did not fall under any of the exceptions to the grant of immunity.

The court found that the record was insufficient to determine the extent of each Defendant's control or whether the defect constituted a dangerous condition of real property that might trigger an exception to immunity. In light of these questions of fact, the court denied the Motion for these additional reasons.

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Source: Lackawanna Jurist (Oct. 31, 2025).

Trial Court Addresses Validity of Claims Against a Drugstore

In the case of Burke v. Hoffman Health Partners, P.C., No. 2024-CV-8753 (C.P. Lacka. Co. Aug. 4, 2025 Powell, J.), the court addressed various Preliminary Objections filed in a medical malpractice case.

In this matter, the Plaintiff alleged that she sustained severe injuries after being prescribed and dispensed a medication inappropriately. 

The Plaintiff sued the medical providers relative to the prescription of the medication. She also sued CVS, who allegedly filled the prescription without providing the required counseling, verifying the safety of the prescription, or reconciling what the Plaintiff alleged were inadequacies on the face of the prescription with the prescribing physician.

With regards to the claims against CVS, the court found that the Plaintiff had sufficiently alleged both vicarious and direct liability claims.

According to the Opinion, the Plaintiff’s Complaint alleged that the CVS agents failed to counsel the Plaintiff, ignored dosage red flags, and did not consult with the prescribing physician. The Plaintiff additionally alleged ischemic failures in the training, policy enforcement, and prescription review within CVS.

The court ruled that, under the facts alleged, such claims could rise to the level of reckless indifference and could warrant a claim for punitive damages. Accordingly, CVS’ Preliminary Objections were overruled.

The court otherwise overruled the preliminary objections asserted against by the medical Defendants against the punitive damages claims as well. The court held that the Plaintiff’s claims of misdiagnosis, discharged despite warning signs, and inadequate supervision of the Plaintiff as a patient, all supported direct claims and warranted the consideration of punitive damages.

The court did, however, sustain the Preliminary Objection filed by Geisinger Clinic to a claim for vicarious liability for punitive damages because the court found that the Complaint failed to allege that the clinic had actual knowledge of its agents’ conduct as required under §505(c) of the MCARE Act.

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Source: Lackawanna Jurist Case Summary (Aug. 15, 2025).

Source of image:  Photo by Marques Thomas on www.unsplash.com.

Court Punts On Summary Judgment in Football Stadium Trip and Fall Case

In the case of DeLuca v. Scranton School District, No. 2021-CV-3506 (C.P. Lacka. Co. Aug. 19, 2025 Powell, J.), the court denied Motions for Summary Judgment filed by the Scranton School District and Scranton Preparatory School relative to a trip and fall action brought by the Plaintiff after the Plaintiff tripped on an alleged uneven slab of sidewalk at the Scranton Memorial Stadium during a football game.

According to the Opinion, the stadium is owned by the Scranton School District and was leased to the Scranton Preparatory School under an oral agreement.

The Plaintiff alleged negligence against both Defendants.

The Scranton School District argued that it was immune from liability under the Pennsylvania Political Subdivision Tort Claims Act given that it allegedly lacked notice of the defect and given that the Plaintiff had not suffered a “permanent injury” as required by law to proceed with such a claim in this context.

The court found that the Plaintiff had produced liability and medical expert evidence on the claim presented such that issues of fact precluded the entry of summary judgment.

More specifically, on the liability issues, the Plaintiff produced an expert who asserted that the walkway’s 1.5 inch uneven slab not only constituted a trip hazard, but had also existed for years and allegedly remained unaddressed despite safety inspections.

Regarding the Plaintiff’s injuries, the Plaintiff’s medical experts reported ongoing hand dysfunction and other chronic conditions. The court noted that genuine issues of fact existed for a jury to decide on the alleged permanence of the Plaintiff’s injuries.

The Co-Defendant, Scranton Prep, asserted that it did not bear any responsibility for maintaining the stadium given that it was a lessee without possession or control premises. The court found issues of fact regarding control and responsibility over the premises. As such, summary judgment was denied in this regard as well.

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Source: Lackawanna Jurist (Aug. 29, 2025).

Trial Court Denies Various Motions For Summary Judgment in a Medical Malpractice Case

In the case of Leber v. Frattali, No. 2023-CV-1442 (C.P. Lacka. Co. 2025 Powell, J.), the court addressed fifteen (15) pre-trial motions presented by the defense, which included fourteen (14) Motions for Partial Summary Judgment and one (1) Motion for Summary Judgment in a wrongful death and survival action arising out of a medical malpractice claim.

Overall, the court found that genuine issues of material fact prevented the court from entering any judgments.

In particular, the court rejected the defense claims that the Plaintiff’s expert reports were insufficient to establish negligence. The court stressed that issues of the credibility of the experts and the differing interpretations of risk models were for the jury to resolve, not the court on summary judgment.

The court additionally noted that alleged systemic negligence, including lack of training, inadequate policies, and supervisory failures, could all serve to support claims of corporate negligence and constructive notice.

In the end, the court reiterated that there were issues of fact that prevented the entry of summary judgment on the claims presented. Accordingly, all defense Motions for Summary Judgment and Partial Summary Judgment were denied.

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Trial Court Allows Claims of Recklessness and Punitive Damages to Proceed Where Defendant Driver Took Eyes Off Road Where Something Fell to the Floor of Vehicle

In the case of Lin v. Gutowski, No. 2024-CV-5659 (C.P. Lacka. Co. Aug. 11, 2025 Powell, J.), Judge Mark Powell of the Lackawanna County Court of Common Pleas overruled a Defendant’s Preliminary Objections seeking to strike claims for recklessness, punitive damages, and negligent entrustment in an alleged distracted driver motor vehicle accident case.

Judge Mark Powell
Lackawanna County

Relative to the allegations of recklessness, Judge Powell followed the current trend of allowing allegations of recklessness to be pled generally in cases where negligence has been alleged. With regards to the claims for punitive damages, the court noted that the Plaintiff alleged that the Defendant was distracted by an item that fell to the floor which caused him to remove his eyes from the road while approaching the intersection at a speed that was allegedly too fast for the conditions and while failing to yield to traffic where the Plaintiff was attempting to make a left hand turn.

The court found that the allegations presented by the Plaintiff rendered it unclear as to whether or not a jury could find that such conduct was reckless such that the claim for punitive damages could be supported. In so ruling, Judge Powell cited to a Pennsylvania Supreme Court decision in which it was stated that a more appropriate course of action under the circumstances would be to pull to the side of the road to retrieve the item.

The court otherwise noted that the allegations that the Defendant driver diverted his eyes from the road, in combination with the allegations that the Defendant was traveling too fast for conditions and that he failed to yield to other traffic on the roadway, all served to support the Plaintiff’s potential claim for punitive damages. The court noted that it was otherwise not clear and free from doubt as to the Defendant’s subjective understanding of the risk his conduct posted to the safety of others and whether or the Defendant carelessly disregarded those risks. Accordingly, the court allowed the claim for punitive damages to proceed.

In his decision, Judge Powell also outlined the current status of the law regarding negligent entrustment claims. After applying that law to the case presented, the court noted that the Plaintiff’s claims that the Defendant owner knew or should have known that the Defendant driver had a prior history of motor vehicle violations and that the Defendant driver would allegedly fail to operate the vehicle safely, that the Defendant driver had a propensity for speeding and driving while distracted and for ignoring the law, not only stated claims for negligence, but also supported claims of recklessness for which a jury may decide to award punitive damages. As such, the court also overruled the Defendant’s Preliminary Objections to the Plaintiff’s claims of negligent entrustment.

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I send thanks to Attorney Stephen T. Kopko of the Anzalone and Doyle law firm in Wilkes-Barre, PA for bringing this case to my attention.

Trial Court Grants Motion to Bifurcate Compensatory and Punitive Damages Phases of Medical Malpractice Trial

In the case of Leber v. Frattali, No. 2023-CV-1442 (C.P. Lacka. Co. 2025 Powell, J.), the court addressed a Plaintiff’s Motion to Bifurcate the trial of a medical malpractice and wrongful death case into separate trials, one for the liability and compensatory damages aspect of the case, and whether the Defendants acted with reckless indifference, and a second trial relative to the amount of any punitive damages that should be awarded.

Judge Mark Powell disagreed with the defense argument that the issues were too interwoven and that bifurcation would cause prejudice.

Relying upon Pa. R.C.P. 213(b), the court exercised its discretion to bifurcate after finding that bifurcation served the issues of convenience, the avoidance of prejudice, and the promotion of the efficiency of the proceedings.

The court found that the bifurcation of the trial as requested by the Plaintiff would promote judicial economy and would avoid the prejudicial introduction of the Defendants’ financial condition during the compensatory phase of the case. The court also therefore found that a bifurcation of the trial would allow for a more orderly presentation of the evidence.

Judge Powell also emphasized that bifurcation under the circumstances presented was reasonable, facilitated potential settlement talks, would realize cost savings, and promoted the issue of fairness. As such, the Motion to Bifurcate was granted.

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Judge Powell of Lackawanna County Rules on Medical Malpractice Pleading Isssues

In the case of Menon v. Geisinger Wyoming Valley Medical Center, No. 2024-CV-7436 (C.P. Lacka. Co. June 23, 2025, Powell, J.), Judge Mark Powell of the Lackawanna County Court of Common Pleas overruled various Preliminary Objections filed by the different medical Defendants to the Plaintiff’s medical malpractice Complaint.

This medical malpractice action arose from the death of a full-term newborn baby.

Relative to the Plaintiff’s claims of negligent infliction of emotional distress related to alleged negligent care during the late pregnancy stage and the delivery, the Defendants filed a demurrer. The Defendants asserted that the Plaintiffs failed to allege a contemporaneous sensory perception of the harm-producing event as required under Sinn v. Burd and Bloom v. Regional Medical Center.

The court disagreed and ruled that the Plaintiffs sufficiently pled a continuous traumatic sequence of events that included direct observation of the newborn’s distress and death. The court cited to the case of Neff v. Lasso, for the proposition that concept of sensory perception in this context under Pennsylvania law is not limited to visual observation but also includes awareness through experience and presence.

Judge Powell also overruled the Defendants’ objections regarding the lack of specificity with respect to the allegations of negligence and agency claims contained in the Complaint. The court held that, under Pennsylvania’s fact-pleading standard, Plaintiffs are not required to identify every employee and are not required to site specific hospital policies at issue at the pleadings stage.

Rather, the court found that, in this case, the Plaintiffs’ detailed allegations provided the Defendants with adequate notice of the claims presented. The court noted that the identity of unnamed agents could be ascertained through discovery efforts.

In this regard, the court emphasized that, in medical malpractice cases, Defendants typically control the relevant records and personnel information.

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Source: Lackawanna Jurist, Vol. 126, No. 27 (July 4, 2025).