Opinion
No. 259 MAL 2021
10-19-2021
Karen COWHER, Administratrix of the Estate of James L. Cowher, II, Deceased, Petitioner v. Sobhan KODALI, M.D., St. Luke's University Health Network and St. Luke's Cardiology Associates, Respondents
ORDER
PER CURIAM.
AND NOW, this 19th day of October 2021, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to all remaining issues. The issue, as stated by petitioner, is:
Where, as here, Respondents failed to request an itemized verdict slip such that the jury would have been required to separately value the amount of each element of damages under Pennsylvania's Survival Act and where the Respondents failed to object to the general verdict slip given by the Trial Court to the jury to answer during deliberations, knowing that they intended to challenge any pain and suffering award rendered by the jury, whether those same Respondents are estopped from requesting and receiving or have waived a new trial on damages?