PA: summary judgment for Dr. in malpractice: Dr. sued plaintiff for 'wrongful civil action'.CASE FACTS: On November 12, 2002, Dr. Frank D'Elia filed a complaint sounding in wrongful use of civil proceedings against Roseanne McLaughlin. After Dr. D'Elia was found not liable as a matter of law and summary judgment was granted in his favor he pursued not only Ms. McLaughlin but also the attorneys who represented her in her suit against him. Following service of process in Dr. D'Elia's suit against Ms. McLaughlin and her attorneys, both Ms. McLaughlin and her former attorneys answered Dr. D'Elia's complaint through separate counsel. After much legal maneuvering by both sides, including, but not limited to the filing of amended complaints and answers, the trial court dismissed Dr. D'Elia's suit against Ms. McLaughlin. Dr. D'Elia appealed the trial court's dismissal of his suit against Ms. McLaughlin. COURT'S OPINION: The Superior Court of Pennsylvania The Superior Court of Pennsylvania is the intermediate court of appeal in the Commonwealth of Pennsylvania, between the trial court of general jurisdiction -- called the Court of Common Pleas -- and the Supreme Court of Pennsylvania. recognized that there were two issues to be reviewed by the court. First issue was whether, under Pennsylvania law, an underlying defendant in a medical malpractice Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. case, who has been dismissed from the case via a grant of summary judgment, has had his right to bring suit for wrongful use of civil proceedings extinguished ex·tin·guish tr.v. ex·tin·guished, ex·tin·guish·ing, ex·tin·guish·es 1. To put out (a fire, for example); quench. 2. To put an end to (hopes, for example); destroy. See Synonyms at abolish. 3. . The second issue was whether, under Pennsylvania law, an underlying defendant in a medical practice suit is precluded from bringing a subsequent Wrongful Use of Civil Proceeding suit. The court affirmed the judgment of the Court of Common Pleas COURT OF COMMON PLEAS. The name of an English court which was established on the breaking up of the aula regis, for the determination of pleas merely civil. It was at first ambulatory, but was afterwards located. . The court held, inter alia [Latin, Among other things.] A phrase used in Pleading to designate that a particular statute set out therein is only a part of the statute that is relevant to the facts of the lawsuit and not the entire statute. , that a settlement between Ms. McLauglin and Dr. D'Elia precluded him from taking any action against her. The court noted that entry of summary judgment does not constitute a "favorable termination" as understood in the context of a wrongful use of civil proceeding suit until the summary judgment is "final," meaning that it has been upheld by the highest appellate court A court having jurisdiction to review decisions of a trial-level or other lower court. An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed. having jurisdiction over the case or that the summary ,judgment has not been appealed. The court found that the cause of action did not accrue to Dr. D'Elia until the execution of the settlement, whereupon Ms. McLaughlin agreed not to challenge on appeal the entry of summary judgment in Dr. D'Elia's favor. However, the court concluded that the language of the settlement agreement itself foreclosed the possibility that Dr. D'Elia could succeed in his suit for wrongful use of civil proceedings suit against Ms. McLaughlin. Simply put, the crux of the settlement was that Ms. McLaughlin would waive her right to appeal the entry of summary judgment in Dr: D'Elia's favor in exchange for his pledge that he would not sue her for wrongful use of civil proceedings. D'Elia v. Folino, 2997 PASUP383 EDA (1) (Electronic Design Automation) Using the computer to design, lay out, verify and simulate the performance of electronic circuits on a chip or printed circuit board. 2007--(09/ 14/2007)--PA A. David Tammelleo JD Editor & Publisher Meet the Editor & Publisher: A. David Tammelleo, JD, is a nationally recognized authority on health care law. Practicing law for over 40 years, he concentrates in health care law with the Rhode Island Rhode Island, island, United States Rhode Island, island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches. firm of A. David Tammelleo & Associates. He has presented seminars on medical, nursing and hospital law throughout the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . In addition to his writings as Editor of Medical Law's, Nursing Law's & Hospital Law's Regan Reports, his legal articles have been published in the most prestigious health law journals. A prolific writer, his thousands of articles, as well as his achievements as an attorney and lecturer, have won him recognition in Martindale-Hubbell's Bar Register of Preeminent Lawyers, Marquis Who's Who Who’s Who biographical dictionary of notable living people. [Am. Hist.: Hart, 922] See : Fame in American Law, Who's Who in America and Who's Who in the World. |
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