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Kelly GARMAN and Kent Garman, Petitioners v. Laurice HEINE, M.D., Sohael Raschid, M.D., and the Chambersburg Hospital, Respondents

Supreme Court of Pennsylvania2012-09-04No. Nos. 611 MAL 2011, 612 MAL 2011
616 Pa. 59152 A.3d 223

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Opinion

majority opinion

ORDER

PER CURIAM.

AND NOW, this 4th day of September, 2012, the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity, is:

Whether the Superior Court erred in interpreting and applying the discovery rule standard set forth in Wilson v. Elr-Daief 600 Pa. 161, 964 A.2d 354 (2009), where it was unknown which of multiple potential causes resulted in injury.

In addressing this issue, the parties are directed to address: (1) the proper interpretation of the requirement of knowledge of the cause of the injury; (2) the proper interpretation of the requirement of knowledge that the injury was caused by another’s conduct; (3) whether the requirement of obtaining a certificate of merit pursuant to Pa.Civ.R.P. 1042.3 should alter the interpretation of the discovery rule where multiple potential causes/multiple potential tortfeasors resulted in injury; and (4) whether the Superior Court properly resolved the factual issues of Petitioners’ notice and diligence as a matter of law, rather than permitting the issues to go to a jury.