Monday, September 22, 2008

Superior Court 9/22/08 - SHARON SABO, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HELEN P. ALTIERI, DECEASED v. V. THOMAS WORRALL III

SHARON SABO, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF HELEN P. ALTIERI, DECEASED v. V. THOMAS WORRALL III, M.D.; THREE RIVERS ORTHOPEDIC ASSOCIATES-UPMC; UPMC ST. MARGARET; SIRI M.B. DESILVA, M.D.; AND MICHAEL TROMBLEY, M.D.
No. 1279 WDA 2007 2008 PA Super 223 Atlantic: n/a Filed: 9/22/2008
Appeal from the Order June 12, 2007, In the Court of Common Pleas of Allegheny County, Civil Division at No. GD 06-5888
Before: MUSMANNO, POPOVICH, and HUDOCK, JJ.
Opinion by: POPOVICH, J.
Appellant Sharon Sabo, individually and as personal representative of the Estate of Helen P. Altieri, deceased, appeals the judgment of non pros entered in favor of Appellees V. Thomas Worrall III, M.D., Three Rivers Orthopedic Associates – UPMC, UPMC St. Margaret, Siri M.B. DeSilva, M.D., and Michael Trombley, M.D., claiming that her counsel’s omission in filing certificates of merit (“COM”) being inadvertent, the trial court abused its discretion in not opening the judgment of non pros. We reverse.

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