Opinion
No. 416 MAL 2020
01-25-2021
Dale E. ALBERT Individually and as the Administrator of the Estate of Cody M. Albert, Deceased, Petitioner v. SHEELEY'S DRUG STORE, INC. and Zachary Ross, Respondents
ORDER
PER CURIAM
AND NOW, this 25th day of January, 2021, the Petition for Allowance of Appeal is GRANTED. The issues, as stated by petitioner are:
(1) Did the Superior Court err in finding that Plaintiff's claim was barred under the in pari delicto doctrine, where there is no evidence in the record that the decedent participated in the scheme to procure the prescription drugs illegally?
(2) Did the Superior Court improperly expand the doctrine of in pari delicto to preclude Plaintiff's recovery simply because Decedent was in possession of a controlled substance that was not his?