Harman V. Borah

Appellants, Children's Hospital of Philadelphia (CHOP), Jeanne Park, M.D.,*fn1 and Judy Bernbaum, M.D., claim that the Superior Court committed an error of law by vacating, in part, the Judgment of the Court of Common Pleas of Philadelphia County (trial court) and remanding the matter for a new trial. The sole issue presented for our review is whether the Superior Court erred by creating a per se rule that a trial court commits reversible error, and has no discretion to deny a motion for a mistrial, whenever the judge engages in an off-the-record discussion with a witness in the presence of the jury.