August 22, 2013
BALJUNDER S. MATHARU AND JESSICA A. MATHARU, INDIVIDUALLY AND AS ADMINISTRATORS OF THE ESTATE OF MILAN SINGH MATHARU, DECEASED, Respondents
SCOTT D. MUIR, D.O., FIORINA PELLEGRINO, D.O., HAZELTON WOMEN'S CARE CENTER AND MUIR OB/GYN ASSOCIATES, P.C., Petitioners
Petition for Allowance of Appeal from the Published Opinion and Order of the Superior Court at No. 746 MDA 2009, at 29 A.3d 375 (Pa. Super. 2011) filed June 28, 2011, affirming the Order of the Luzerne County Court of Common Pleas at No. 4462-2007 filed March 2, 2009
AND NOW, this 22nd day of August, 2013, the Petition for Allowance of Appeal is GRANTED, the Order of the Superior Court is VACATED, and this matter is REMANDED to the Superior Court for reconsideration in light of Seebold v. Prison Health Serv., 57 A.3d 1232 (Pa. 2012).
Petitioners' Application to Remand this Matter to Superior Court for Reconsideration in Light of Seebold, is DISMISSED as moot.
Justice Baer dissents and would deny the allocatur petition as he views Seebold v. Prison Health Serv., 57 A.3d 1232 (Pa. 2012) as distinguishable from this case.