A Lackawanna County judge has allowed a claim of corporate negligence in a dental malpractice action to proceed, permitting a woman to conduct discovery that will test the scope of landmark case law governing Pennsylvania corporate liability.
Common Pleas Court Judge Carmen D. Minora said it was not clear as a matter of law whether dental care provider Aspen Dental provides “comprehensive dental care with regards to dental needs” as hospitals provide for medical needs or nursing homes provide in custodial and medical care. In denying Aspen’s preliminary objection on the corporate negligence claim, Minora allowed plaintiff Patricia Farrell to develop an argument as to why Aspen would meet the indicia for corporate liability as set forth in four defining Pennsylvania cases, one of which awaits judgment from the state Supreme Court.
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