Tuesday, March 24, 2009

Superior Court - JEFFREY TINDALL and SILVIA TINDALL, Husband and Wife v. BRAD S. FRIEDMAN, D.O., and MARK SCHWEITZER, M.D. and JEFFERSON IMAGING

JEFFREY TINDALL and SILVIA TINDALL, Husband and Wife v. BRAD S. FRIEDMAN, D.O., and MARK SCHWEITZER, M.D. and JEFFERSON IMAGING and THOMAS JEFFERSON UNIVERSITY HOSPITAL and JEFFERSON HEALTH SYSTEM
APPEAL OF: MARK SCHWEITZER, M.D.
APPEAL OF: BRAD S. FRIEDMAN, D.O.
APPEAL OF: JEFFERSON IMAGING

No. 3390, 3391 and 3422 EDA 2004 3494 EDA 2005 2009 PA Super 50 Atlantic: 970 A.2d 1159 Petition for Reargument Denied 6/1/2009 Filed: 3/24/2009

Appeal from the Judgment Entered November 3, 2004,
in the Court of Common Pleas, Philadelphia County,
Civil Division, at No. 4056 January Term, 2001.
Before: BOWES, SHOGAN and FITZGERALD, JJ.
Opinion by: BOWES, J.
Concurring and Dissenting Opinion Opinion by: SHOGAN, J.
Dr. Brad S. Friedman, Dr. Mark Schweitzer, and Jefferson Imaging have filed separate appeals from the judgment entered on a jury award in favor of Jeffrey and Silvia Tindall, and the Tindalls have appealed the trial court’s post-trial entry of judgment notwithstanding the verdict (“n.o.v.”) in favor of Jefferson Imaging. We reverse the entry of judgment n.o.v. in favor of Jefferson Imaging and remand for reinstatement of the judgment against that company. We affirm the jury award in favor of the Tindalls, but remand for recalculation of delay damages imposed on that verdict.
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