IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
ALYSSA MCLAUGHLIN AND WILLIAM : No. 255 WAL 2021
MCLAUGHLIN :
:
: Petition for Allowance of Appeal
v. : from the Order of the Superior Court
:
:
AMIT NAHATA, M.D.; KATHRYN SIMONS, :
M.D.; ANNE F. JOSIAH, M.D.; THOMAS :
PIROSKO, D.O.; JESSIE GANJOO, M.D.; :
ASHLEY BERKLEY, D.O.; THE :
WASHINGTON HOSPITAL; AND :
WASHINGTON HEALTH SYSTEM :
WASHINGTON HOSPITAL :
:
:
v. :
:
:
DIALYSIS CLINIC, INC. :
:
:
PETITION OF: DIALYSIS CLINIC, INC. :
ORDER
PER CURIAM
AND NOW, this 24th day of February, 2022, the Petition for Allowance of Appeal
is GRANTED. The issues, as stated by Petitioner, are:
(1) Did the Superior Court err when it affirmed the Trial Court’s expansion of
causes of action not recognized under Pennsylvania law on grounds that
the Superior Court could not reverse the Trial Court’s expansion of causes
of action where there is absence of Supreme Court precedent?
(2) Did the Superior Court err by permitting the Washington Hospital to pursue
an indemnity claim against [Petitioner], an admittedly non-negligent
secondarily (vicariously) liable party, which is inconsistent with the
established law of Pennsylvania that permits indemnity claims only against
actively negligent parties, while simultaneously recognizing that the Trial
Court expanded Pennsylvania Law?
(3) Did the Superior Court err by permitting the Washington Hospital to pursue
a contribution claim against DCI, a party whom the Washington Hospital
specifically admits is not a tortfeasor, despite the fact that the Uniform
Contribution Among Tortfeasors Act and precedential case law only allow
for contribution among tortfeasors?
Petitioner’s Application for Leave to File Response to Respondent's Answer to
Petition for Allowance of Appeal is DENIED as moot.
[255 WAL 2021] - 2