Chiaradio v. Falck

OPINION

This case came before the Supreme Court on March 12, 2002, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After hearing arguments of counsel and reviewing the memoranda of the parties, we are of the opinion that cause has not been shown, and we proceed to decide this appeal at this time.

The plaintiffs, Ann and Cosmo Chiara-dio, brought suit against the defendant, Francis Falck, M.D. (Dr. Falck or defendant), and others, for medical malpractice in connection with eye surgery performed by Dr. Falck…