The Pennsylvania Supreme Court has agreed to hear a medical malpractice case in which a Superior Court panel ordered a new trial on damages after finding a jury award of $29,207 on the wrongful death claim bore “no reasonable relationship to the proven damages.”
But while it was the defendant in Carroll v. Avallone who petitioned for allocatur over the Superior Court’s decision to order a new trial, what makes the case one to watch is the expert witness issue that was at the heart of the lower court’s opinion.