# Robert v. Chodoff

> Superior Court of Pennsylvania · October 20, 1978 · 259 Pa. Super. 332

URL: https://www.frixlaw.com/law-library/cases/9650259

## Case

- **Full name:** Robert J. ROBERT, Appellee, v. Richard J. CHODOFF, M.D., Jefferson Medical College Hospital. Appeal of JEFFERSON MEDICAL COLLEGE HOSPITAL
- **Court:** Superior Court of Pennsylvania
- **Decided:** October 20, 1978
- **Citations:** 259 Pa. Super. 332; 393 A.2d 853; 1978 Pa. Super. LEXIS 3850
- **Precedential status:** Published
- **Opinion:** Concurrence by Price
- **Judges:** Jacobs, Hoffman, Cer-Cone, Price, Van Voort, Spaeth, Hester
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9650259

## Opinion text

PRICE, Judge,
concurring:
I join the majority opinion in all of its conclusions, but file this opinion only to express my conviction that the charge of the court below contravened the requirements of Hamil v. Bashline (Bashline II), 243 Pa.Super. 227 , 364 A.2d 1366 (1976) and Gradel v. Inouye, 252 Pa.Super. 392 , 381 A.2d 975 (1977) when it charged the jury that proximate causation entails a finding that the appellant's negligence was ". . . a substantial factor . . ." in causing appellee's damage. Further I wish to state that I do not agree in toto with the comments contained in footnote 22 (Slip Opinion P. 18) of the majority opinion as they relate to the expert testimony of appellee's witnesses.
I do, however, agree that appellant has waived the argument.
I join in affirming the judgment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9650259. Public record. Not legal advice.