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Rachlin v. Edmison

Plaintiff's direct appeal was untimely in light of improvident post-trial motions filed after trial court's entry of compulsory non-suit.

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�1 This is an appeal from the order entered in the Court of Common Pleas of Philadelphia County denying Appellant Susan Rachlin’s post-trial motion and purportedly entering judgment in favor of Appellees. On appeal, Appellant avers that the trial court erred in denying her post-trial motion since the trial court improperly granted Appellees’ motion in limine to preclude the testimony of Dr. Wayne Bizer. We conclude Appellant’s appeal is untimely, and, therefore, we quash.

�2 The relevant facts and procedural history are as follows: In the spring of 1995, Appellant, who was a long-term contact lens wearer, went to Harleysville Eye Associates because she was experiencing redness and irritation. At Harleysville Eye Associates, George E. White, D.O, examined Appellant and recommended laser eye surgery. Dr. White specifically referred Appellant to Tri-County Eye Physicians and Surgeons, P.C., (Tri- County), which was formerly known as 20/20 Laser Centers.

�3 At Tri-County, Richard B. Prince, M.D., performed several tests on Appellant’s eyes in preparation of laser treatment. Once it was determined that Appellant’s eyes were suitable for laser treatment, on August 25, 1995, Appellant underwent Laser Photorefractive Keratectomy (PRK) surgery*fn1 at the Focus Eye Center in Ottawa, Ontario. David R. Edmison, M.D., performed the surgery.

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