At oral argument last week looking at when the statute of limitations should toll in a medical malpractice case where there are many possible causes of injury and the proper defendant can’t be readily identified, perhaps it was Pennsylvania Supreme Court Justice Max Baer who spoke most succinctly:
"What do we do when the plaintiff doesn’t know who to sue?" Baer asked Thomas M. Chairs of Dickie, McCamey & Chilcote. Chairs’ client was one of two defendants hit with a $735,000 verdict before the Superior Court threw the award out on statute-of-limitations grounds.
