The Pennsylvania Superior Court has upheld an order for a new trial in former Chicago Bears defensive back Craig Steltz’s lawsuit against a surgeon who treated him for a hernia and allegedly failed to disclose the existence of a muscle tear in his leg.

A split three-judge panel in Steltz v. Meyers denied defendants Dr. William Meyers, Vincera Institute and Vincera Core Institute’s appeal, upholding Philadelphia Court of Common Pleas Judge Stella Tsai’s grant of a new trial. The majority was composed of Judges Kate Ford Elliott and Judith Olson while Judge Mary Jane Bowes dissented.