FROIO v. DU PONT HOSP. FOR CHILDREN

No. 378, 2001.

816 A.2d 784 (2003)

Rosalie FROIO, Individually and as Administratrix of the Estate of Samantha Latigona, a deceased minor, Plaintiff Below, Appellant, v. Du PONT HOSPITAL FOR CHILDREN, a/k/a A.I. Du Pont Institute of the Nemours Foundation, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: February 21, 2003.

Revised: March 10, 2003.


Attorney(s) appearing for the Case

Joseph M. Jachetti, Esquire, of Law Offices of Joseph Jachetti, Wilmington, Delaware, and Michael J. Troiani, Esquire (argued), of Dubin, Stein & Troiani, Bala Cynwyd, Pennsylvania, for Appellant.

M. Duncan Grant, Esquire, of Pepper Hamilton, LLP, Wilmington, Delaware, Andrew Rogoff, Esquire (argued) and Nancy Shane Rappaport, Esquire, of Pepper Hamilton, LLP, Philadelphia, Pennsylvania, for Appellees.

Before VEASEY, Chief Justice, WALSH, HOLLAND, BERGER and STEELE, Justices, constituting the Court en Banc.


BERGER, Justice.

In this appeal we consider whether the Superior Court erred in granting summary judgment to appellee in a medical malpractice case. The trial court found that the deposition of appellant's expert failed to establish either causation or that appellee breached the applicable standard of care. We disagree. Although the expert gave arguably inconsistent responses to different questions, the deposition provides the factual basis for appellant's claim....

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