HomeMy WebLinkAbout94-6724 CivilPAUL BALLOD, Plaintiff
VS.
DEPT. OF CORRECTIONS,
ET AL.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
94-6724 CIVIL TERM
OPINION PURSUANT TO RULE 1925
In this case the defendant has appealed from our order of September 15, 1998.
In that order
we granted the motion of the defendant, Commonwealth of Pennsylvania, Department of Corrections,
for summary judgment. In his statement of matters complained of on appeal, he complains with regard
to actions of this court taken with respect to other defendants in this case as to whom motions for
summary judgment have been sustained over a period of a year. We are satisfied that the time within
which to appeal these orders has long since expired.
With respect to the instant defendant, the plaintiff complains that we erred in not granting his
motion for appointment of counsel or an expert. These motions were dealt with in the opinion and
order of court of the Honorable George E. Hoffer dated June 9, 1998.
Finally, the plaintiff contends, generally, that we erred in granting summary judgment. This is
a medical malpractice case. The plaintiff has not come forward with any expert testimony and has
suffered sanctions which prevented him from producing expert testimony at the trial of this case. Such
a sanction is appropriate where expert witnesses have not been identified. See Gallegor by Gallegor v.
Felder, M.D., 329 Pa. Super. 204, 478 A.2d 34 (1984). Moreover, it is now well established that
medical testimony is necessary to establish a medical malpractice claim. See Hoffman v. Mogil. M.D.
et al., 445 Pa. Super. 252, 665 A.2d 478 (1995). Thus, under the circumstances presented in this case,
we are satisfied that our grant of summary judgment was proper.
December 17, 1998K-~v~~ss, J.A' ~n~
94-6724 CIVIL
Paul Ballod, Pro Se
State Correctional Institution
Drawer K, I-Block
Dallas, PA 18612-0286
Richard B. Wickersham, Esquire
P. O. Box 741
Harrisburg, PA 17108-0741
Fred T. Howe, Esquire
Suite Seven Hundred
Mellon Bank Center
Wilkes-Barre, PA 18701-18767
Jay W. Stark, Sr., Esquire
Office of Attorney General
Torts Litigation Section
Strawberry Square, 15th Floor
Harrisburg, PA 17120
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