Thursday, November 12, 2009

JOAN P. WHITAKER AND BARBARA V. LEEZER, GUARDIANS AD LITEM FOR CAROLINE MONAGHAN vs. THE FRANKFORD HOSPITAL OF THE CITY OF PHILADELPHIA

JOAN P. WHITAKER AND BARBARA V. LEEZER, GUARDIANS AD LITEM FOR CAROLINE MONAGHAN vs. THE FRANKFORD HOSPITAL OF THE CITY OF PHILADELPHIA D/B/A FRANKFORD HOSPITAL—FRANKFORD, THE FRANKFORD HOSPITAL OF THE CITY OF PHILADELPHIA D/B/A FRANKFORD HOSPITAL—TORRESDALE, ROBERT T. SMITH, M.D., HAROLD J. GAUTHIER, M.D. AND DIAGNOSTIC IMAGING, INC.,
APPEAL OF: ROBERT T. SMITH, M.D. (at 819 EDA 2006) CAROLINE MONAGHAN vs. FRANKFORD HOSPITAL, FRANKFORD DIVISION, FRANKFORD HOSPITAL TORRESDAKE DIVISION, CARL S. RUBIN, D.O., MEDICAL IMAGING ASSOCIATES, HOSPITAL MEDCIAL IMAGING, INC., ROBERT T. SMITH, M.D., NORTHEAST PHILADELPHIA VASCULAR SURGEONS, P.C., FAROUQ A. SAMHOURI, M.D., HAROLD J. GAUTHIER, M.D., ABC EMERGENCY ROOM SERVICES CORP., MICHAEL J. ROSNER, M.D., JOSEPH NABONG, M.D., NEUROCARE DIAGNOSTICS, INC., AND RANDY M. ROSENBERG, M.D.
APPEAL OF: DIAGNOSTIC IMAGING, INC. (at 933 EDA 2006)

No. 819 and 933 EDA 2006 2009 PA Super 216 Atlantic: n/a Filed: 11/12/2009

Appeal from the Judgment Entered April 28, 2006, in the
Court of Common Pleas of Philadelphia County, Civil
Division, at No. 0202-01557 and February Term, 2002, No. 1557.
Before: ORIE MELVIN, BOWES, and DONOHUE, JJ.
Opinion by: BOWES, J.
Appellants, Diagnostic Imaging, Inc. and its agent Dr. Robert T. Smith, appeal from the judgment entered on a jury verdict in this medical malpractice action. The verdict was entered in favor of the plaintiffs, Appellees Joan P. Whitaker and Barbara V. Leezer, in their capacity as guardians ad litem for Caroline Monaghan. The jury determined that Dr. Smith and Dr. Harold J. Gauthier, who had previously settled with Appellees, were equally responsible for causing the injuries at issue in this case, and it awarded $5,200,000 in damages. After careful review of the record and the arguments presented on appeal, we affirm.
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