Superior Court 5/19/08 - RITA GRIFFIN, AN INDIVIDUAL v. UNIVERSITY OF PITTSBURGH MEDICAL CENTER-BRADDOCK HOSPITAL

RITA GRIFFIN, AN INDIVIDUAL v. UNIVERSITY OF PITTSBURGH MEDICAL CENTER-BRADDOCK HOSPITAL
No. 544 WDA 2007 2008 PA Super 104 Atlantic: n/a Filed: 5/19/2008
Appeal from the Order February 27, 2007In the Court of Common Pleas of Allegheny CountyCivil Division at No. GD No. 04-016870
Before: BENDER, BOWES and TAMILIA, JJ.
Opinion by: BENDER, J.
The University of Pittsburgh Medical Center – Braddock Hospital (“Hospital”) appeals from the judgment entered in favor of Rita Griffin following a jury trial in this medical malpractice case. For the following reasons, we reverse.


Hospital sets forth the following “Statement of the Questions Involved”
in its brief pursuant to Pa.R.A.P. 2116(a):

I. WHETHER JUDGMENT NOTWITHSTANDING THE VERDICT MUST BE GRANTED TO DEFENDANT WHERE PLAINTIFF’S EXPERT OFFERED HIS CAUSATION OPINION WITH 51 PERCENT PROBABILITY, THUS FAILING TO PROVIDE THE REQUISITE DEGREE OF MEDICAL CERTAINTY; AND WHERE THE ONLY POTENTIAL FACTUAL BASIS TO SUPPORT PLAINTIFF’S CAUSATION THEORY WAS A HEARSAY NOTE RULED INADMISSIBLE AT TRIAL, THUS RENDERING PLAINTIFF’S EXPERT’S PRE-RECORDED DEPOSITION TESTIMONY LACKING IN FOUNDATION?

II. WHETHER, IN THE ALTERNATIVE, A NEW TRIAL MUST BE GRANTED WHERE THE TRIAL COURT CHARGED THE JURY ON RES IPSA LOQUITUR, EVEN THOUGH PLAINTIFF’S EXPERT FAILED TO ESTABLISH THE INJURY AS ONE WHICH WOULD NOT OCCUR ABSENT NEGLIGENCE; FAILED TO ELIMINATE OTHER POSSIBLE CAUSES; AND
ADDITIONALLY OFFERED A SPECIFIC THORY OF NEGLIGENCE?

III. WHETHER, IN THE ALTERNATIVE, REMITTITUR MUST BE GRANTED WHERE THE JURY VERDICT DEVIATED SUBSTANTIALLY FROM WHAT COULD BE REASONABLE
COMPENSATION?