Carroll v. Avallone

OPINION BY

DEL SOLE, P.J.:

¶ 1 This is an appeal from a judgment entered in a medical malpractice action. We reverse in part and remand for proceedings consistent with this opinion.

¶2 Appellant’s wife suffered a stroke from which she ultimately died. Appellant brought a medical malpractice claim, asserting both a wrongful death and a survival action, against Michael F. Avallone, D.O. and Michael F. Avallone Associates (collectively “Appellee”). The jury returned a verdict for Appellant, finding the decedent and Appellee each 50% negligent. Appellant was awarded $29,207 on the wrongful death…