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WALTERS v. UPMC PRESBYTERIAN SHADYSIDE

Nos. 15 WAP 2017, 16 WAP 2017, 17 WAP 2017, 18 WAP 2017, 19 WAP 2017, 20 WAP 2017, 21 WAP 2017, 22 WAP 2017.

187 A.3d 214 (2018)

Thomas D. WALTERS and Clara M. Walters, his wife v. UPMC PRESBYTERIAN SHADYSIDE; Maxim Healthcare Services, Inc., and Medical Solutions L.L.C. d/b/a Medical Solutions Appeal of: Maxim Healthcare Services, Inc. Linda Ficken and William Ficken, her husband v. UPMC Presbyterian Shadyside; Maxim Healthcare Services, Inc., and Medical Solutions L.L.C. d/b/a Medical Solutions Appeal of: Maxim Healthcare Services, Inc. Wanda J. Braun and Edwin J. Braun, her husband v. UPMC Presbyterian Shadyside; Maxim Healthcare Services, Inc., and Medical Solutions L.L.C. d/b/a Medical Solutions Appeal of: Maxim Healthcare Services, Inc. Ronnie D. Murphy and Connie E. McNeal, as Co-Executors of the Estate of Eleanor Y. Murphy, and in their own right v. UPMC Presbyterian Shadyside, Maxim Healthcare Services, Inc., and Medical Solutions L.L.C. d/b/a Medical Solutions Appeal of: Maxim Healthcare Services, Inc. Thomas D. Walters and Clara M. Walters, his wife v. UPMC Presbyterian Shadyside; Maxim Healthcare Services, Inc., and Medical Solutions L.L.C. d/b/a Medical Solutions Appeal of: UPMC Presbyterian Shadyside Linda Ficken and William Ficken, her husband v. UPMC Presbyterian Shadyside; Maxim Healthcare Services, Inc., and Medical Solutions L.L.C. d/b/a Medical Solutions Appeal of: UPMC Presbyterian Shadyside Wanda J. Braun and Edwin J. Braun, her husband v. UPMC Presbyterian Shadyside; Maxim Healthcare Services, Inc., and Medical Solutions L.L.C. d/b/a Medical Solutions Appeal of: UPMC Presbyterian Shadyside Ronnie D. Murphy and Connie E. McNeal, as Co-Executors of the Estate of Eleanor Y. Murphy, and in their own right v. UPMC Presbyterian Shadyside, Maxim Healthcare Services, Inc., and Medical Solutions L.L.C. d/b/a Medical Solutions Appeal of: UPMC Presbyterian Shadyside

Supreme Court of Pennsylvania.

Decided: June 19, 2018.

Attorney(s) appearing for the Case

Michael Christopher Hamilton, Esq. , Paula Ann Koczan, Esq. , Weber, Gallagher, Simpson, Stapleton, Fires & Newby, L.L.P., William H. Lamb, Esq. , Maureen Murphy McBride, Esq. , James C. Sargent Jr., Esq. , Lamb McErlane, PC, for Maxim Healthcare Services, Inc., Appellant.

John C. Conti, Esq. , Lisa Deutsch Dauer, Esq. , Christopher T. Lee, Esq. , Andrew Townend Tillapaugh, Esq. , Dickie, McCamey & Chilcote, P.C., Megan Justine Block, Esq. , for UPMC Presbyterian Shadyside, Appellee.

David P. Helwig, Esq. , Marks, O'Neill, O'Brien & Courtney, P.C., for Medical Solutions, L.L.C., etc., Appellee.

Susan A. Meredith, Esq. , Caroselli, Beachler, McTiernan & Conboy, L.L.C., Lynn R. Johnson, Esq. , Daniel A. Singer, Esq. , for Walters, Thomas D., Walters, Clara M., Braun, Wanda J., Braun, Edwin J., Ficken, Linda, Ficken, William, Murphy, Ronnie D., McNeal, Connie E., Estate of Eleanor Y. Murphy, Appellees.

Michael J. Foley, Esq. , Foley Law Firm, for Pennsylvania Association for Justice, Appellee Amicus Curiae.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

In these consolidated cases, we granted allowance of appeal to determine whether and to what extent a hospital and a health care staffing agency have a legal duty to prevent a terminated employee from causing harm to patients at another health care facility.

Plaintiffs claim that David...

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