EDWARD J. GRABOWSKI, an individual, Appellant v. MATTHEW R. QUIGLEY, M.D., JULIAN E. BAILES, M.D., JOSEPH C. MAROON, M.D., and ALLEGHENY GENERAL HOSPITAL, Appellees, 454 Pa. Super. 27

Summary

Appellant injured party brought suit against appellees, doctors, after being operated on and allegedly injured by doctors other than his own. Appellees sought and were granted summary judgment because appellant failed to obtain an expert. Appellant challenged the judgment contending that there were genuine issues of material fact concerning appellees' liability. The court affirmed in part, holding that the trial court correctly granted summary judgment because under a theory of negligence, appellant would have required expert testimony. The court reversed, in part, holding that appellant had alleged facts which could have established a cause of action for battery or breach of contract, which the court reasoned was not based upon expert testimony for proof.