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SHINAL v. TOMS

No. 31 MAP 2016.

162 A.3d 429 (2017)

Megan L. SHINAL and Robert J. Shinal, her husband, Appellants v. Steven A. TOMS, M.D., Appellee.

Supreme Court of Pennsylvania.

DECIDED: June 20, 2017.

Attorney(s) appearing for the Case

Charles Lyman Becker, Esq. , Kline & Specter, P.C., Ruxandra Maniu Laidacker, Esq. , for The Pennsylvania Association for Justice, Amicus Curiae.

Solomon David, Esq. , Scott Kramer, Esq. , David Edwin Loder, Esq. , Duane Morris LLP, for The Hospital & Healthsystem Association of Pennsylvania, Amicus Curiae.

Robert B. Hoffman, Esq. , Eckert Seamans Cherin & Mellott, LLC, for American Medical Association & The PA Medical Society, Amicus Curiae.

Kristin Ann Mazzarella, Esq. , Peter Paul Olszewski, Esq. , Melissa A. Scartelli, Esq. , Scartelli Olszewski, P.C., Michael J. Kenny, Esq. , for Shinal, Megan & Robert, Appellant.

Audrey Jacobsen Copeland, Esq. , Stephen A. Ryan, Esq. , Michelle Lynn Wilson, Esq. , Marshall, Dennehey, Warner, Coleman & Goggin, P.C., for Toms, Steven A., Appellee.

Justice Wecht delivers the Opinion of the Court. Justices Donohue and Dougherty join the opinion in full. Justice Todd joins the opinion, except with respect to Part II(A)(2). Justice Mundy joins Part II(A) of the opinion in full.

OPINION

In this medical malpractice action premised upon lack of informed consent, we address whether the trial court erred in refusing to strike prospective jurors for cause based upon their relationships to the case through their employer or their immediate family member's employer. We conclude that...

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