Smith v. Grab

CIRILLO, President Judge Emeritus:

Randall Smith, in his own right and as Executor of the Estate of Flora Smith, appeals from an order entered in the Court of Common Pleas of Blair County denying a motion to remove a compulsory nonsuit and a motion for new trial. 1 Julia Burke, a physician’s assistant, has taken a cross-appeal from an order denying her cross-motion for post-trial relief. 2 We reverse the order refusing to remove the compulsory nonsuit and remand for trial. Additionally, we quash the cross-appeal.

Randall Smith and Flora Smith, husband and wife, commenced this action for medical…