Trigg v. Children's Hosp. of Pittsburgh of UPMC, 201 A.3d 145 (2019)

Jan. 23, 2019 · Supreme Court of Pennsylvania · No. 307 WAL 2018
201 A.3d 145
Mendy TRIGG, Individually and Smithfield Trust, Inc., as the Guardian of the Estate of J.T., a Minor, Respondents v. CHILDREN'S HOSPITAL OF PITTSBURGH OF UPMC, Petitioner

Mendy TRIGG, Individually and Smithfield Trust, Inc., as the Guardian of the Estate of J.T., a Minor, Respondents
v.
CHILDREN'S HOSPITAL OF PITTSBURGH OF UPMC, Petitioner

No. 307 WAL 2018

Supreme Court of Pennsylvania.

January 23, 2019

ORDER

PER CURIAM.

AND NOW, this 23rd day of January, 2019, the Petition for Allowance of Appeal is GRANTED. The issues as stated by Petitioner are:

a. Whether the Superior Court's decision conflicted with the jurisprudence of this Honorable Court and other Superior Court decisions by failing to apply the "palpable error" abuse of discretion standard of review and properly defer to the trial court?
b. Whether the Superior Court's holding directly conflicts with Shinal v. Toms, 640 Pa. 295, 162 A.3d 429 (2017), which requires the denial of a strike for cause of a prospective juror when the prospective juror is willing and able to eliminate influences and render a verdict according to the evidence?
c. Whether the Superior Court improperly considered arguments regarding juror demeanor when those arguments were waived?
d. Whether the Superior Court erred by determining that Respondents were prejudiced by the trial court by requiring Respondents to use a peremptory challenge for Prospective Juror 29?