Stephen J Pokiniewski Jr

March 14, 2014 | The Legal Intelligencer

Under Pennsylvania law, a physician may be held liable only under very limited circumstances for injuries sustained by nonpatients.

By Stephen J. Pokiniewski Jr.

9 minute read

March 20, 2012 | The Legal Intelligencer

The Pennsylvania Supreme Court recently handed down its decision in Toney v. The Chester County Hospital, and for the first time it recognized a claim for negligent infliction of emotional distress outside the traditional context of bystander recovery.

By Stephen J. Pokiniewski Jr.

10 minute read

May 10, 2013 | The Legal Intelligencer

Every so often Pennsylvania appellate courts hand down a decision that addresses several novel and/or uncommon legal issues in one decision. When the courts render such a legal gem, the legal community should be aware of the decision. One such appellate decision is the state Superior Court's opinion in the recently decided case of Shiner v. Ralston, No. 1791 MDA 2011, (Pa. Super. Feb. 22, 2013). In Shiner, a panel of the Superior Court addressed several interesting legal issues: (1) the distinction between the "sudden emergency doctrine" and the "sudden medical emergency defense"; (2) the defendants' burden of proof in order to obtain summary judgment where they seek judgment based upon an affirmative defense; (3) the proof required for expert testimony where the party offering the testimony does not have the burden of proof; and (4) the moving party's ability to obtain summary judgment under the Nanty-Glo rule where it relies upon its own witnesses' testimony.

By Stephen J. Pokiniewski Jr.

6 minute read

December 14, 2012 | The Legal Intelligencer

In 1988, the Pennsylvania legislature passed and then-Governor Robert P. Casey signed into law what is now codified as 42 Pa.C.S. Section 8305. Section 8305, in relevant part, sets forth that:

By Stephen J. Pokiniewski Jr.

8 minute read

November 15, 2011 | The Legal Intelligencer

Traditionally, it was thought that the value of a wrongful death claim where the adult decedent was not survived by a child or spouse, but only survived by his parents, was relatively modest.

By Stephen J. Pokiniewski Jr.

9 minute read

November 16, 2010 | The Legal Intelligencer

In the recent Barrick v. Holy Spirit Hospital of the Sisters of Christian Charity decision, the Pennsylvania Superior Court abandoned the protection previously afforded to communications between counsel and testifying experts.

By Stephen J. Pokiniewski Jr.

8 minute read