Sept. 26 was waiver day at the Pennsylvania Supreme Court. Both appellate practitioners and trial attorneys should pay heed in order to avoid unfortunate and unexpected results.

In Shiflett v. Lehigh Valley Health Network,___ A.3d ___, 2019 Pa. Lexis 5420 (Pa. Sept. 26, 2019), the Pennsylvania Superior Court had reversed a plaintiff’s verdict because one of the claims sent to the jury was both barred by the statute of limitations (the legal error) and could have affected the award of damages (error not harmless). See Shiflett v. Lehigh Valley Health Network, 174 A.3d 1066, 1086-87 (Pa. Super. 2017). On further appeal, the Supreme Court held that trial counsel’s failure to request special jury interrogatories resulted in waiver of the error.