LEGAL ROUNDUP – Pennsylvania
Pennsylvania Superior Court Enforces Venue Selection Clause in Surgical Consent Form
Somerlot v. Jung, 2025 Pa. Super. 166 (July 30, 2025)
The Superior Court of Pennsylvania affirmed the order of the Philadelphia County Court of Common Pleas, sustaining preliminary objections of the defendant-physician and defendant-facility as to venue, and transferred the case to the Bucks County Court of Common Pleas based upon the venue selection clause in the surgical consent form.
This opinion emphasizes a party’s right to contract for a proper venue prior to initiating litigation. Notably, to form a contract, there must be an offer, acceptance and consideration. The Superior Court held that the plaintiff was free to reject the contract entirely or propose a counteroffer, reject the venue clause, prior to consenting to surgery, but she failed to do so.
Because the plaintiff was afforded a meaningful choice when she signed the consent-to operate contract, the contract was valid, and the venue-selection provision was enforced. Venue was appropriately transferred to the Bucks County Court of Common Pleas.
A Jury Does Not Need to Make an Express Finding of Liability as to Each Defendant to Establish a Hospital’s Vicarious Liability for a Child’s Brain Injury
Hagans v. Hospital of the University of Pennsylvania, 2025 Pa. Super. 142 (July 10, 2025)
The Superior Court affirmed the order of the Philadelphia County Court of Common Pleas denying the defendant’s motions for judgment notwithstanding the verdict, new trial and remitter. The court also entered judgment in favor of the plaintiff and against the defendant.
On appeal, the defendant argued that the verdict must be vacated because the plaintiff failed to ask the jury to determine the liability of any agent or employee as a necessary predicate to a finding of vicarious liability. The Superior Court was not persuaded.
According to the Superior Court, the trial court had found that, through expert testimony and other evidence presented at trial, the plaintiff sufficiently established the defendant’s agents acted negligently. Also, the jury did not need to make an express finding as to each individual defendant. The plaintiff was required to establish the liability of the defendant’s employees to determine if the defendant was vicariously liable, which the plaintiff did. Thus, the defendant’s liability was based on the actions of its employees.
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