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TEMPLE ESTATE OF TEMPLE v. PROVIDENCE CARE

No. 21 WAP 2019.

233 A.3d 750 (2020)

James TEMPLE, Administrator for the ESTATE OF Elma B. TEMPLE, Deceased, Appellant v. PROVIDENCE CARE CENTER, LLC d/b/a Providence Care Center, Appellee.

Supreme Court of Pennsylvania.

Decided: July 21, 2020.

Attorney(s) appearing for the Case

Ryan John Duty, Esq , Pittsburgh, Daniel Roy Klaproth, Esq. , Philadelphia, Bennie Lazzara Jr., Esq. , Carl Rutherford Wilander, Esq. , Wilkes & McHugh, P.A., for Appellant.

Erica Megan Kelly, Esq. , Andrew George Kimball, Esq. , Richard Todd Victoria, Esq. , Gordon Rees Scully Mansukhani, LLP, Pittsburgh, for Appellee.

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

OPINION

In this case, a panel of the Superior Court concluded that, even though Providence Care Center had waived its opportunity to ask for a mistrial, the trial court nonetheless possessed and invoked its inherent authority to grant a new trial sua sponte for the same reasons that Providence Care Center raised in...

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