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Corbett v. Weisband

Pennsylvania Superior Court

551 A.2d 1059 (1988)

Relevant factsFree

After knee surgery, Lucille Corbett (plaintiff) came under Dr. Weisband's (defendant) care for a post-operative infection, and Weisband's unsuccessful knee fusion led to treatment by Dr. Greene, whose total knee replacement was later found to have fallen below the standard of care; Corbett was ultimately hospitalized again, her infected implant removed, and her leg amputated. At trial, the court found as a matter of law that Dr. Greene's negligence was 'highly extraordinary' and thus a superseding cause insulating Weisband and ROPA (defendant) from liability, but the jury still found for Corbett and awarded $150,000, and both sides appealed various rulings including the superseding-cause determination.

IssueFree

Whether a jury must determine whether an intervening act constitutes a superseding cause that broke the causal connection between the defendant's negligent conduct and the plaintiff's resulting harm.

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