423 Pa. Super. 608 - Greer v. Bryant’s Empirical Analysis
1993
Citation profile
35
cited by 35 later decisions
1
states following
November 2008
most recently cited
35 state decisions
Relationships
Relies on In re the Primary Election of May 21, 1991 · Poola v. UNEMP. COMP. BD. OF REVIEW · Kaczkowski v. Bolubasz · Rosche v. McCoy · Stewart v. Chernicky
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““To the extent that the facts known or opinions held by an expert have been developed in discovery proceedings ... the direct testimony of the expert at the trial may not be inconsistent with or go beyond the fair scope of his or her testimony in the discovery proceedings as set forth in the . . . separate report, or supplement thereto. However, the expert shall not be prevented from testifying as to facts or opinions on matters which the expert has not been interrogated in the discovery proceedings.” Pa.R.C.P. 4003.5(c).”
3 later decisions quote this exact passage“[The expert’s] report clearly states that, in her opinion, the hospital employees should not have sent [plaintiff-mother] home after observing her condition on September 20. Her report does not contain any qualification of this opinion, but is couched in rather absolute language. Questions regarding whether the interns should have sent [plaintiff-mother] home even if [the doctor] asked the interns to do so are a fair corollary to her opinion. Indeed, it seems that upon reading the report, the natural response to [the expert’s] assertion would be “was the hospital acting inappropriately even if [the doctor] wanted [plaintiff-mother] to be sent home?” Put another way, the essential question in this case is whether [the hospital] was negligent in sending [plaintiff-mother] home. The expert’s report opines that [the hospital’s] conduct in doing so was below the standard of care. It is only natural to seek a qualification of that statement. Therefore, the qualification of the statement is within the report’s “fair” scope. [The hospital’s] decision to send [plaintiff-mother] home was contemplated by the report and counsel should have anticipated that the “failure to override theory” was looming.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.