Privilege Against Producing Patient-Safety Investigation Report in a Med Mal Case Can Be Waived

In its non-precedential decision in the case of Fielding v. Robleski, No. 1340 EDA 2023 (Pa. Super. Sept. 4, 2025 Bowes, J., Nichols, J., and Sullivan, J.) (Op. by Sullivan, J.), the court reviewed a hospital’s appeal from a trial court’s Order denying the hospital’s Motion for a Protective Order concerning a patient-safety investigation report in a medical malpractice case. 

The trial court had ordered the disclosure over the report. The trial court also found that the hospital had waived any federal privilege by failing to raise it in its initial Motion to Compel.

On appeal, the Superior Court affirmed the trial court’s conclusion that the hospital had failed to timely preserve its claims of a federal law privilege. 

As such, the Pennsylvania Superior Court has ruled that a discovery protection allowed under federal law is indeed waivable in medical malpractice suits in which the Federal Patient Safety and Quality Improvement Act of 2005 is raised.

Anyone wishing to review a copy of this decision may click this LINK.


I send thanks to Attorney Michael J. Foley of the Foley Law Firm in Scranton, PA for bringing this case to my attention.

Federal Court Bounces Premises Liability Case Back to State Court After Finding That Store Manager Was Fraudulently Joined in the Matter

In the case of Kincaid v. Dollar Tree, Inc., No. 2:25-CV-00787 (W.D. Pa. Sept. 2, 2025 Stickman, J.), the court denied a Plaintiff’s Motion to Remand a matter to the state court and also granted the Defendant’s Motion to Dismiss the store manager as a Defendant.

This case arose out of an incident that occurred at a Dollar Tree store where the Plaintiff allegedly reached up to a top shelf to grab a coffee mug and the mug tipped over, spilling its contents onto her face, body and clothing. The Plaintiff alleged that the cup contained urine and other hazardous fluids.

The Plaintiff originally filed suit in state court. The Defendant removed the matter to federal court.

In removing the case to federal court, the Defendants asserted that the Plaintiff’s joinder of the store manager into the lawsuit was a purposeful effort to have residents from Pennsylvania on both the Plaintiffs side and the defense side of this matter so as to preclude removal on the basis that there was no diversity of citizenship.

The Plaintiff filed a Motion to Remand the case to state court.

The court held that, as pled, there were no grounds upon which the Plaintiff may maintain an action against the store manager under Pennsylvania law.  In this Opinion, the court noted that the “Plaintiff’s argument is an exercising sophistry.”  Accordingly, the court denied the Plaintiff’s Motion to Remand and granted the store manager’s Motion for a Dismissal.

Anyone wishing to review a copy of this decision may click this LINK.


I send thanks to Attorney Sarah E. Cobbs of the Pittsburgh office of the law firm of Thomas, Thomas & Hafer, LLP, for bringing this case to my attention.

LACKAWANNA PRO BONO GALA SET FOR NOVEMBER 6, 2025

 

The Bus Stops Here: Trial Court Finds Venue Proper in Philadelphia Based on Busing Company's Defendant's Periodic Contacts in the County

Philadelphia Skyline

In the case of Warren v. Heagy, No. 240100294 (C.P. Phila. Co. May 2025 Anders, J.), the court issued a Rule 1925 Opinion requesting the Superior Court to affirm the trial court’s Order overruling the Defendant’s Preliminary Objections that Philadelphia County was an improper venue for the case.

According to the Opinion, this matter involved a motor vehicle accident during which a bus owned by the Defendant bus company collided with the Plaintiff’s vehicle.

The Defendants asserted in Preliminary Objections that the Defendant bus company had no physical presence in Philadelphia County, did not derive any revenue from customers located in Philadelphia County, and does not perform acts or maintain contacts in Philadelphia County sufficient to satisfy the quality-quantity tests for venue.

The court overruled the Preliminary Objections after noting that the record revealed that the Defendant bus company is in the business of transporting students to and from school and activities, including transporting students into Philadelphia County for purposes of activity such as field trips. It was noted that over the years, the business company had transported students into Philadelphia County about 10 times during one school year and 10 times during another school year, and 23-30 times on another recent school year.

After reviewing the law regarding the quality-quantity tests for proper venue, the court ruled that the evidence before it demonstrated that the Defendant regularly conducted business in Philadelphia County.

Anyone wishing to review a copy of this decision may click this LINK.

Source: “The Legal Intelligencer Common Pleas Case Alert,” www.Law.com (July 2, 2025).

PA Supreme Court Issues Interim Policy On Use of Generative Artificial Intelligence By Judicial Officers And Court Personnel (Effective Dec. 8, 2025)

Here is a LINK to the interim policy that the Pennsylvania Supreme Court has issued for judges and court personnel who want to use AI.

The policy allow for judges and court personnel to utilizes AI for summarizing documents, conducting preliminary legal research, and drafting initial versions of documents.

These rules which are identified as the “Interim Policy On The Use Of Generative Artificial Intelligence By Judicial Officers And Court Personnel" goes into effect on December 8, 2025.

It is anticipated that, in the near future, the Pennsylvania Supreme Court may also come out with rules to guide attorneys on the proper of AI in the practice of law relative to any filings with the courts.

Source: Article – “Pa. High Court Allow Judges, Personnel To Use AI For Document Summary, Preliminary Legal Research” By Max Mitchell of the Legal Intelligencer (Sept. 9, 2025).

MEDIATION SUCCESS TIP FROM CUMMINS MEDIATION SERVICES

 

 TIP TO IMPROVE CHANCES 

FOR SUCCESS AT MEDIATION:

TRUST THE MEDIATOR TO KEEP IN CONFIDENCE WHAT YOU WANT KEPT IN CONFIDENCE

WITH THAT TRUST, BE CANDID WITH THE MEDIATOR ON YOUR SETTLEMENT POSITION

THIS WILL HELP THE MEDIATOR TO FRAME AND PUSH THE NEGOTIATIONS IN THE OTHER ROOM 

Trial Court Denies Various Motions For Summary Judgment in a Medical Malpractice Case

In the case of Leber v. Frattali, No. 2023-CV-1442 (C.P. Lacka. Co. 2025 Powell, J.), the court addressed fifteen (15) pre-trial motions presented by the defense, which included fourteen (14) Motions for Partial Summary Judgment and one (1) Motion for Summary Judgment in a wrongful death and survival action arising out of a medical malpractice claim.

Overall, the court found that genuine issues of material fact prevented the court from entering any judgments.

In particular, the court rejected the defense claims that the Plaintiff’s expert reports were insufficient to establish negligence. The court stressed that issues of the credibility of the experts and the differing interpretations of risk models were for the jury to resolve, not the court on summary judgment.

The court additionally noted that alleged systemic negligence, including lack of training, inadequate policies, and supervisory failures, could all serve to support claims of corporate negligence and constructive notice.

In the end, the court reiterated that there were issues of fact that prevented the entry of summary judgment on the claims presented. Accordingly, all defense Motions for Summary Judgment and Partial Summary Judgment were denied.

Anyone wishing to review a copy of this decision may click this LINK.