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CARROLL v. AVALLONE

939 A.2d 872 (2007)

Michael CARROLL, Administrator of the Estate of Kelly Ann Carroll, Appellee v. Michael F. AVALLONE, D.O., and Michael F. Avallone Associates, Appellants.

Supreme Court of Pennsylvania.

Decided December 28, 2007.

Attorney(s) appearing for the Case

Ernest John Bernabei, John M. D'Amello, Jr., Harvey, Pennington, Ltd., Philadelphia, for Michael F. Avallone Associates, appellants.

Harry Mitchell Roth, Cohen, Placitella & Roth, P.C., Philadelphia, for Michael Carroll, appellee.

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

OPINION

Justice EAKIN.

Kelly Ann Carroll suffered a stroke and died. Decedent's husband, as administrator of her estate, filed a medical malpractice action against decedent's physician and his practice, asserting wrongful death and survival actions. A jury returned a verdict finding decedent and appellants each 50% negligent, awarding $29,207 in the wrongful death action and no damages in the survival action. After the verdict was reduced by the 50...

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