# Incollingo v. Ewing

> Supreme Court of Pennsylvania · October 12, 1971 · 444 Pa. 299

URL: https://www.frixlaw.com/law-library/cases/6260372

## Case

- **Full name:** Incollingo v. Ewing
- **Court:** Supreme Court of Pennsylvania
- **Decided:** October 12, 1971
- **Citations:** 444 Pa. 299; 282 A.2d 206; 1971 Pa. LEXIS 786
- **Precedential status:** Published
- **Opinion:** Dissent by Roberts
- **Judges:** Barbieri, Bell, Brien, Consideration, Eagen, Pomeroy, Roberts, Took
- **Cited by:** 287 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Abrogated on other grounds by Kaczkowski v. Bolubasz, 491 Pa. 561 (1980).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6260372

## How later opinions describe it (automated extraction)

- recognizing that if the medical profession were allowed to set its own standard of conduct by establishing its own custom of practice, then no matter how unreasonable such standard may be by ordinary standards, all members of profession would be insulated from liability so lon…
- stating strict liability was not applicable to a case involving a prescription drag manufacturer’s alleged failure to properly warn physicians of the dangers involved with taking the drug
- holding that damages are properly measured in the timeframe of the time of death through decedent's estimated working lifespan

## Opinion text

Dissenting Opinion by
Mr. Justice Roberts :
I dissent for the reasons expressed in my dissenting opinion in Commonwealth v. Spencer, 442 Pa. 328, 338 , 275 A. 2d 299, 305 (1971), believing that this wholly prospective overruling is inappropriate and that the newly announced measure of damages should be applied at least to the instant case.
*312 It will be remembered, for example, that in Flagiello v. Pennsylvania Hospital, 417 Pa. 486 , 208 A. 2d 193 (1965), where this Court repudiated the charitable immunity doctrine, relief was afforded the particular litigant in that case. A further list of cases where we rejected prospective overruling is contained in Falco v. Pados, 444 Pa. 372 , 282 A. 2d 351 (1971). Therefore, I would likewise here remand solely for the awarding of damages.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6260372. Public record. Not legal advice.