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LAGEMAN BY AND THROUGH LAGEMAN v. ZEPP

No. 21 MAP 2021.

266 A.3d 572 (2021)

Elizabeth H. LAGEMAN, BY AND THROUGH Her Power of Attorney and Daughter, Adrienne LAGEMAN, Appellees v. John ZEPP, IV, D.O.; Anesthesia Associates of York, PA, Inc.; York Hospital; and Wellspan Health, t/d/b/a York Hospital, Appellants.

Supreme Court of Pennsylvania.

Decided: December 22, 2021.

Attorney(s) appearing for the Case

Matthew Walker Rappleye , Robert A. Graci , Jennifer Susan Snyder , Lawrence F. Stengel , Saxton & Stump LLC, Lancaster, PA, for Appellants.

Joseph M. Melillo , Navitsky Olson & Wisneski LLP, Harrisburg, PA, for Appellee.

Barbara Axelrod , The Beasley Firm, LLC, Philadelphia, PA, for Amicus Curiae Pennsylvania Association for Justice.

Maureen Murphy McBride , Lamb Meerlane PC, James C. Sargent, Jr. , West Chester, PA, for Amici Curiae The American Medical Association, The Pennsylvania Medical Society.

Clifford Alan Rieders , Rieders, Travis, Humphrey, Waters & Dohrmann, Williamsport, PA, for Amicus Curiae North Central Pennsylvania Trial Lawyers Association.

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

OPINION

"The plaintiff was walking in a public street past the defendant's shop when a barrel of flour fell upon him from a window above the shop, and seriously injured him."1 So begins a case familiar to virtually any lawyer who didn't sleep through first-year torts. Neither...

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