Sept. 26 was waiver day at the Pennsylvania Supreme Court. Both appellate practitioners and trial attorneys should pay heed in order to avoid unfortunate and unexpected results.
In Shiflett v. Lehigh Valley Health Network,___ A.3d ___, 2019 Pa. Lexis 5420 (Pa. Sept. 26, 2019), the Pennsylvania Superior Court had reversed a plaintiff’s verdict because one of the claims sent to the jury was both barred by the statute of limitations (the legal error) and could have affected the award of damages (error not harmless). See Shiflett v. Lehigh Valley Health Network, 174 A.3d 1066, 1086-87 (Pa. Super. 2017). On further appeal, the Supreme Court held that trial counsel’s failure to request special jury interrogatories resulted in waiver of the error.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]