Goldey v. Trustees of the University of Pennsylvania

OPINION

ZAPPALA, Justice.

We granted allowance of appeal to consider the application of the rule that a judge should not overrule a decision of another judge of the same court in the same case.

This is a medical malpractice action in which Bruce and Sandra Goldey allege negligence during surgery on Mr. Goldey’s shoulder in July of 1984. The surgery followed a prior course of treatment by Dr. William B. McNamee for a work-related injury to the shoulder. The Goldeys had previously instituted a malpractice action against McNamee. That case was settled approximately two years after the complaint in…