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MALONEY v. VALLEY MEDICAL FACILITIES, INC.

No. 58 WAP 2008.

984 A.2d 478 (2009)

Max C. MALONEY, Individually and as Administrator of the Estate of Linda E. Maloney, v. VALLEY MEDICAL FACILITIES, INC., d/b/a the Medical Center, Beaver Heritage Valley Health System, Inc., Beaver Internal Medicine Association, Tri-State Medical Group, Inc., Brighton Radiology Associates, P.C., Maurice Prendergast, M.D., and, Richard E. Brennan, M.D. Appeal of: Maurice Prendergast, M.D., Beaver Internal Medicine Association and Tri-State Medical Group, Inc.

Supreme Court of Pennsylvania.

Decided November 24, 2009.

Attorney(s) appearing for the Case

John M. Giunta, Cipriani & Werner, P.C., John Wesley Jordan, IV, Matis Baum Rizza O'Connor, P.C., Pittsburgh, for Maurice Prendergast, M.D., et al.

Gregory Buchwald Heller, Young Richiuti Caldwell & Heller, L.L.C., Philadelphia, Rudolph L. Massa, Massa Law Group, P.C., for Max C. Maloney.

Deborah A. Kane, Marshall J. Tindall, Weber, Gallagher, Simpson, Stapleton, Fires & Newby, LLP, Pittsburgh, for Valley Medical Facilities Inc., et al.

Kristin L. Pieseski, Lauren R. Ames, Davies, McFarland & Carroll, P.C., Pittsburgh, for Richard E. Brennan, M.D., et al.

George Gerasimos Rassias, Schmidt, Kirifides, Pearson, Koutcher & Fridkin, P.C., Media, for Pennsylvania Association for Justice, amicus curiae.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.

OPINION

Justice SAYLOR.

Appeal was allowed to consider whether a plaintiff's release of principals whose potential liability was vicarious also discharges the plaintiff's claims against the agent, regardless of an express reservation of rights.

Appellee commenced the present medical malpractice action grounded on an asserted failure to timely diagnose and treat osteosarcoma in his wife, Linda Maloney. He alleged, among other things, medical...

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