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RETTGER v. UPMC SHADYSIDE

No. 2129 WDA 2008, 48 WDA 2009

991 A.2d 915 (2010)

Kirk RETTGER and Erik Rettger, Co-Executors of the Estate of Michael Rettger, Deceased v. UPMC SHADYSIDE; Eugene Bonaroti; and Oakland Neurosurgical Associates. Appeal of UPMC Shadyside. Kirk Rettger and Erik Rettger, Co-Executors of the Estate of Michael Rettger, Deceased v. UPMC Shadyside; Eugene Bonaroti; and Oakland Neurosurgical Associates. Appeal of UPMC Shadyside.

Superior Court of Pennsylvania.

Filed March 17, 2010.

Attorney(s) appearing for the Case

David R. Johnson, Pittsburgh, for appellant.

John W. Jordan, Pittsburgh, for Oakland Neurosurgical, appellee.

Paul A. Lagnese, Pittsburgh, for Rettger, appellees.

BEFORE: MUSMANNO, BENDER and BOWES, JJ.

OPINION BY BENDER, J.:

¶ 1 UPMC Shadyside (UPMC, the Hospital) appeals the judgment entered on the jury's verdict in favor of Kirk Rettger and Erik Rettger, co-executors of the Estate of Michael Rettger, Deceased (the Estate). A jury determined, inter alia, that a nurse employed by UPMC had been negligent in her care of the decedent and awarded $2.5 million on a claim of wrongful death but rendered no award on the Estate's survival action. UPMC asserts...

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