Opinion

Weiner v. Fisher

  • 2005 Pa. Super. 118
  • 871 A.2d 1283
  • 2005 Pa. Super. LEXIS 670
Court
Superior Court of Pennsylvania
Filed
Apr 1, 2005
Status
Published
Author
Todd
On the bench
Hudock, Todd, Beck
Cited by
40 cases

noting “appellant must provide more than vague pronouncements” to qualify an expert under the MCARE Act, but remanding for further proceedings

How later courts described this case

  • noting “appellant must provide more than vague pronouncements” to qualify an expert under the MCARE Act, but remanding for further proceedings
  • when specific language is employed in one section of the statute and excluded from another, the language should not be implied where ex- eluded because the difference shows a contrary legislative intent

Written by the judges who cited it.

The opinion

CONCURRING OPINION BY

TODD, J.:

¶ 1 I join in the opinion of my esteemed colleague Judge Beck on behalf of the Majority. I write separately only to emphasize the troublesome application of the 5-year rule for expert testimony under 40 P.S. § 1303.512(b) to cases such as the present one. As the Majority notes (see Majority Op., at 1288 n. 4), delays in the pretrial phases of litigation, whether intentional or inadvertent, may have the result of rendering inadmissible expert testimony which, during pretrial proceedings, was admissible. The unfairness and substantial *1291 inefficiency of this result for a litigant who may have no control over a pretrial delay is of such a serious nature that I believe it warrants the renewed attention of the legislature.

¶ 2 HUDOCK and BECK, JJ. join.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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