Shapona v. Gallagher

DOBSON, J.,

The matter before this

court for disposition is defendant John P. Gallagher M.D.’s motion for summary judgment. For the reasons hereinafter set forth, Dr. Gallagher’s motion will be denied.

Pennsylvania Rule of Civil Procedure 1035.2 provides that any party may move for summary judgment in whole or in part as a matter of law:

“(1) whenever there is no genuine issue of material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or

“(2) if, after the completion of discovery relevant to the motion,…