Attorneys Young, Margulies & Brennan Receive Dismissal For Physician In Superior Court

Jan 31, 2022 | News

Attorneys James Young, Richard Margulies, and Cynthia Brennan received a dismissal for a physician in Superior Court.  Plaintiff claimed that negligent treatment resulted in his violent care.  The Superior Court reversed the trial court’s denial of preliminary objections to dismiss Plaintiff’s claim of emotional distress arising from killing 4 people and serving a life sentence.

Burns White attorneys filed preliminary objections seeking dismissal of the Plaintiff’s amended complaint, which the trial court sustained in part and overruled in part. The parties filed petitions for permission to appeal from this order, which the court granted. The court consolidated these appeals for disposition under Pa.R.A.P. 513, and held that the “no felony conviction recovery” rule articulated in Holt v. Navarro, 932 A.2d 915 (Pa. Super. 2007), precludes all of Plaintiff’s demands for monetary recovery. Thus, the trial court erred by failing to dismiss the amended complaint in its entirety.  The Superior Court ruled that the “no felony conviction recovery rule” also precluded Plaintiff’s claim for indemnification of counsel fees and other economic losses.