Settling Co-Defendants May Be Excluded From Verdict Sheets
Recently the Superior Court of Pennsylvania held that settling co-defendants may be excluded from verdict sheets where the evidence will not support a prima facie case of negligence against a settling co-defendant. In the matter Hyrcza v. West Penn Allegheny Health System, 2009 WL 1977500 (Pa.Super., July 1, 2009), Plaintiff brought a medical malpractice action on behalf of her decedent against numerous defendants on various theories of liability. Certain Defendants settled with Plaintiff prior to trial and were omitted from the verdict sheets. At trial a verdict was entered in favor of plaintiff and against the remaining defendants. On appeal, the remaining defendants argued the exclusion of the other settling defendants from the verdict sheets denied them a right to have liability apportioned against them. The Superior court affirmed the trial court ruling that the evidence did not support a prima facie case of negligence against the settling defendants, and therefore they were properly excluded.
