Schroeder v. Jaquiss

OPINION

Chief Justice CAPPY.

In this appeal, we consider whether the Superior Court correctly concluded that a decedent’s representative did not waive the Dead Man’s Act (“Dead Man’s Act” or “Act”), 42 Pa.C.S. § 5930, by not raising the Act by objection at the discovery depositions of adverse parties. For the reasons that follow, we affirm the Superior Court’s order.

The relevant facts are as follows. On or about April 8, 1996, Appellant Janice C. Schroeder (“Mrs. Schroeder”) consulted with G. William Jaquiss, M.D. (“Dr. Jaquiss”) about a growth in her left external ear canal. After excising the…