SCHROEDER v. JAQUISS


861 A.2d 885 (2004)

Janice C. SCHROEDER and Theodore C. Schroeder, Her Husband, Appellants, v. Lynn JAQUISS, Executrix of the Estate of G. William Jaquiss, M.D., Deceased, and Donald B. Kamerer, M.D., Appellees.

Supreme Court of Pennsylvania.

Decided November 17, 2004.


Attorney(s) appearing for the Case

Michael T. Collis, Esq., Pittsburgh, for Janice C. Schroeder and Theodore C. Schroeder, her husband.

Paula Ann Koczan, Esq., Pittsburgh, for Lynn Jaquiss.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.


OPINION

Chief Justice CAPPY.

In this appeal, we consider whether the Superior Court correctly concluded that a decedent's representative did not waive the Dead Man's Act ("Dead Man's Act" or "Act"), 42 Pa.C.S. § 5930, by not raising the Act by objection at the discovery depositions of adverse parties. For the reasons that follow, we affirm the Superior Court's order.

The relevant facts are as follows. On or about April 8, 1996, Appellant...

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