Euceda v. Green

NEALON, J.,

— The defendant obstetrician and his counsel in this malpractice action have appealed the special trial master’s imposition of monetary sanctions of $1,000.00 as a result of defense counsel’s eleventh-hour cancellation of plaintiffs’ depositions that were scheduled by defense counsel. Plaintiffs have filed a cross-motion for additional sanctions under Pa.R.C.P. 1023.1 — 1023.4 on the ground that the obstetrician’s discovery appeal is frivolous.

Once a party or lawyer notices a deposition pursuant to Pa.R.C.P. 4007.1, [s]he assumes the concomitant duty under Pa.R.C.P. 4019(e) to…