McMahon v. Young, 276 A.2d 534 (Pa. 1971). · Go Syfert
McMahon v. Young, 276 A.2d 534 (Pa. 1971). Cases Citing This Book View Copy Cite
196 citation events (72 in the last 25 years) across 23 distinct courts.
Strongest positive: RIAD v. PORSCHE CARS NORTH AMERICA, INC. (paed, 2024-07-30)
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) RIAD v. PORSCHE CARS NORTH AMERICA, INC.
E.D. Pa. · 2024 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
it is the intent of our law that if the plaintiff's medical expert cannot form an opinion with sufficient certainty so as to make a medical judgment, there is nothing on the record with which a jury can make a decision with sufficient certainty so as to make a legal judgment.
examined Cited as authority (verbatim quote) Commonwealth, Aplt v. Hackett, R. (3×) also: Cited as authority (quoted)
Pa. · 2014 · signal: see, e.g. · quote attribution · 3 verbatim quotes · confidence high
the opinion of a medical expert is evidence. if the fact finder chooses to believe it, he can find as fact what the expert gave as an opinion.
examined Cited as authority (verbatim quote) Commonwealth, Aplt v. Hackett, R. (4×) also: Cited as authority (quoted)
Pa. · 2014 · signal: see, e.g. · quote attribution · 4 verbatim quotes · confidence high
the opinion of a medical expert is evidence. if the fact finder chooses to believe it, he can find as fact what the expert gave as an opinion.
examined Cited as authority (verbatim quote) Commonwealth v. Meals (4×) also: Cited as authority (quoted)
Pa. · 2006 · signal: cf. · quote attribution · 4 verbatim quotes · confidence high
the opinion of a medical expert is evidence
examined Cited as authority (verbatim quote) Sponaugle v. Pre-Term, Inc. (4×) also: Cited as authority (quoted)
D.C. · 1980 · quote attribution · 4 verbatim quotes · confidence high
f the plaintiff's medical expert cannot form an opinion with sufficient certainty so as to make a medical judgment, there is nothing on the record with which a jury can make a decision with sufficient certainty so as to make a legal judgment.
discussed Cited as authority (rule) Joseph Riad v. Porsche Cars North America Inc
3rd Cir. · 2026 · confidence medium
Pa. 2023). 3 See generally McMahon v. Young, 276 A.2d 534, 535 (Pa. 1971) (“It is the intent of our law that if the plaintiff’s medical expert cannot form an opinion with sufficient certainty 3 produce evidence of causation under either approach and entered summary judgment in favor of Porsche Cars North America.
discussed Cited as authority (rule) Commonwealth v. Fitzpatrick, J., Aplt.
Pa. · 2026 · confidence medium
Finally, in the early-to-mid-1970s, the standard saw a “virtual explosion in usage” in Pennsylvania, including in decisions of this Court. 168 For instance, in Commonwealth v. Webb, 169 two brothers were convicted of murder after they assaulted another man in a 162 See DeVirgiliis v. Gordon, 243 A.2d 459, 460 (Pa. Super. 1968) (Hannum, J., dissenting). 163 Lewin, supra note 155, at 451 n.342 (“The phrase appeared in only one other state court opinion from the 1960s and in only sixteen more cases prior to 1975.”). 164 276 A.2d 534 (Pa. 1971). 165 Id. at 535 (parenthetical marks removed)…
discussed Cited as authority (rule) In Re: Est. of: Roscher, W.
Pa. Super. Ct. · 2022 · confidence medium
McMahon v. Young, 276 A.2d 534, 535 (Pa. 1971); Nazarak v. Waite, 216 A.3d 1093, 1111 (Pa. Super. 2019); Griffin v. University of Pittsburgh Medical Center-Braddock Hospital, 950 A.2d 996, 1000-04 (Pa. Super. 2008).
discussed Cited as authority (rule) HOUP v. UNITED STATES OF AMERICA
W.D. Pa. · 2021 · confidence medium
As the Pennsylvania Supreme Court noted, courts require that expert medical opinions be held to a reasonable degree of medical certainty because “if the plaintiff's medical expert cannot form an opinion with sufficient certainty so as to make a medical judgment, there is nothing on the record with which a jury can make a decision with sufficient certainty so as to make a legal judgment.” McMahon v. Young, 276 A.2d 534, 535 (1971).
cited Cited as authority (rule) John Riggins v. SSC Yanceyville
4th Cir. · 2020 · confidence medium
This evidentiary standard is “not merely one of semantics.” Fitzgerald, 679 F.2d at 350 (quoting McMahon v. Young, 276 A.2d 534, 535 (Pa. 1971)).
cited Cited as authority (rule) Adams, T. v. Vaughn, D., M.D.
Pa. Super. Ct. · 2017 · confidence medium
As the Pennsylvania Supreme Court has explained, "[t]he issue is not merely one of semantics." McMahon v. Young, 442 Pa. 484, 486 , 276 A.2d 534, 535 (1971).
discussed Cited as authority (rule) Galloway v. State (2×)
unknown court · 2013 · confidence medium
McMahon v. Young, 442 Pa. 484 , 276 A.2d 534, 535 (1971).
discussed Cited as authority (rule) Williams v. Eighth Judicial District Court Ex Rel. County of Clark
Nev. · 2011 · confidence medium
Such specificity is required because “ ‘if the . . . medical expert cannot form an opinion with sufficient certainty so as to make a medical judgment, there is nothing on the record with which a jury can make a decision with sufficient certainty so as to make a legal judgment.’ ” Morsicato, 121 Nev. at 158 , 111 P.3d at 1116 (quoting McMahon v. Young, 276 A.2d 534, 535 (Pa. 1971)).
discussed Cited as authority (rule) Commonwealth v. Fuentes (2×)
Pa. Super. Ct. · 2010 · confidence medium
Nevertheless, to the extent the assessment of the Board member tendering the SVP assessment constitutes expert opinion, see Meals, 912 A.2d at 224 (quoting McMahon v. Young, 442 Pa. 484 , 276 A.2d 534, 535 (1971)), that assessment and the Board member’s testimony concerning it must conform to the Rules of Evidence governing expert opinion testimony. ¶ 6 Rule 703 provides affirmative direction on this point, prescribing “a threshold for admission of expert testimony dependant upon the extent to which the expert’s opinion is based on facts and data[.]” Helpin v. Trustees of University o…
cited Cited as authority (rule) Mann v. Taser International, Inc.
11th Cir. · 2009 · confidence medium
Id. at 865 (quoting McMahon v. Young, 442 Pa. 484 , 276 A.2d 534, 535 (1971)).
cited Cited as authority (rule) Combs v. Stortz
Ky. Ct. App. · 2009 · confidence medium
McMahon v. Young, 442 Pa. 484 , 276 A.2d 534, 535 (1971).
discussed Cited as authority (rule) Zwiren v. Thompson (2×)
Ga. · 2003 · confidence medium
Nevertheless,... it is the intent of our law that if the plaintiff medical expert cannot form an opinion with sufficient certainty so as to make a medical judgment, there is nothing on the record with which a jury can make a decision with sufficient certainty so as to make a legal judgment." McMahon v. Young, 442 Pa. 484 , 276 A.2d 534, 535 (1971).
discussed Cited as authority (rule) Lasley v. Georgetown University (2×)
D.C. · 1997 · confidence medium
McMahon v. Young, 442 Pa. 484 , 276 A.2d 534, 535 (1971).
discussed Cited as authority (rule) Blase v. Allied Signal Inc.
pactcompldauphi · 1996 · confidence medium
For a fact-finder to award damages for a particular condition to a plaintiff it must find as a fact that the condition was legally caused by the defendant’s conduct. . . . [I]t is the intent of our law that if plaintiff’s . . . expert cannot form an opinion with sufficient certainty so as to make a [professional] judgment there is nothing on the record with which a [fact-finder] can make a decision with sufficient certainty so as to make a legal judgment.” Id., citing McMa hon v. Young, 442 Pa. 484, 486 , 276 A.2d 534, 535 (1971).
discussed Cited as authority (rule) Childers v. Power Line Equipment Rentals, Inc.
Pa. Super. Ct. · 1996 · confidence medium
If the fact finder chooses to believe it, he can find as fact what the expert gave as an opinion.” Cohen, 592 A.2d at 723 (citation omitted). “[I]t is the intent of our law that if ... the expert cannot form an opinion with sufficient certainty so as to make a [professional] judgment, there is nothing on the record with which a jury can make a decision with sufficient certainty so as to make a legal judgment.” McMahon v. Young, 442 Pa. 484 , 276 A.2d 534, 535 (1971).
cited Cited as authority (rule) Catchings v. State
Miss. · 1996 · confidence medium
McMahon v. Young, 442 Pa. 484 , 276 A.2d 534, 535 (1971).
cited Cited as authority (rule) Vernon Catchings v. State of Mississippi
Miss. · 1993 · confidence medium
McMahon v. Young, 442 Pa. 484 , 276 A.2d 534, 535 (1971).
cited Cited as authority (rule) Schulz v. Celotex Corp.
3rd Cir. · 1991 · confidence medium
McMahon v. Young, 442 Pa. 484 , 276 A.2d 534, 535 (1971).
discussed Cited as authority (rule) Schulz v. Celotex Corporation
3rd Cir. · 1991 · confidence medium
McMahon v. Young, 442 Pa. 484 , 276 A.2d 534, 535 (1971). 24 In an analogous context, the Advisory Committee Notes on Rule 703 point out that information from other sources including hospital records and opinions from nurses and technicians is used by doctors.
discussed Cited as authority (rule) Cohen v. Albert Einstein Medical Center
Pa. Super. Ct. · 1991 · confidence medium
For a fact finder to award damages for a particular condition to a plaintiff it must find as a fact that the condition was legally caused by the defendant’s conduct____ [I]t is the intent of our law that if the plaintiff's ... expert cannot form an opinion with sufficient certainty so as to make a [professional] judgment, there is nothing on the record with which a [factfinder] can make a decision with sufficient certainty so as to make a legal judgment.” McMahon v. Young, 442 Pa. 484, 486 , 276 A.2d 534, 535 (1971).
discussed Cited as authority (rule) Hreha v. Benscoter
Pa. · 1989 · confidence medium
For a fact finder to award damages for a particular condition to a plaintiff it must find as a fact that the condition was legally caused by the defendant’s conduct.... [I]t is the intent of our law that if the plaintiff’s ... expert cannot form an opinion with sufficient certainty so as to make a [professional] judgment, there is nothing on the record with which a [factfinder] can make a decision with sufficient certainty so as to make a legal judgment.” McMahon v. Young, 442 Pa. 484, 486 , 276 A.2d 534, 535 (1971).
discussed Cited as authority (rule) Pirches v. General Accident Insurance
Pa. · 1986 · confidence medium
For a fact finder to award damages for a particular condition to a plaintiff it must find as a fact that the condition was legally caused by the defendant’s conduct____ [I]t is the intent of our law that if the plaintiff’s ... expert cannot form an opinion with sufficient certainty so as to make a [professional] judgment, there is nothing on the record with which a [factfinder] can make a decision with sufficient certainty so as to make a legal judgment.” McMahon v. Young, 442 Pa. 484, 486 , 276 A.2d 534, 535 (1971).
examined Cited as authority (rule) McCann v. Amy Joy Donut Shops (4×)
Pa. · 1984 · confidence medium
The rationale for the rule was discussed in some detail by our Supreme Court in McMahon v. Young, 442 Pa. 484, 486 , 276 A.2d 534, 535 (1971).
cited Cited as authority (rule) Spehar v. Commonwealth, Department of Public Welfare
Pa. Commw. Ct. · 1982 · confidence medium
If the fact finder chooses to believe it, he can find as a fact what the expert gave as an opinion.” McMahon v. Young, 442 Pa. 484, 486 , 276 A.2d 534, 535 (1971) .
discussed Cited as authority (rule) Russell T. Fitzgerald v. Preston C. Manning, Jr., M. D.
4th Cir. · 1982 · confidence medium
The basis for requiring such specificity in the opinion of the expert witness in a medical malpractice suit was clearly put in an often cited case, McMahon v. Young, 442 Pa. 484 , 276 A.2d 534, 535 (1971): “ ‘ * * * [T]he expert has to testify, not that the condition of claimant might have, or even probably did, come from the accident, but that in his professional opinion the result in question came from the cause alleged.
examined Cited as authority (rule) Correll v. Werner (3×) also: Cited "see"
Pa. Super. Ct. · 1981 · confidence medium
Id., 442 Pa. at 487 , 276 A.2d at 536 (emphasis added).
cited Cited as authority (rule) Commonwealth v. Williams
Pa. Super. Ct. · 1981 · confidence medium
Id., 285 Pa.Super. at 65-66 , 426 A.2d at 707 (citing McMahon v. Young, 442 Pa. 484, 486 , 276 A.2d 534, 535 [1971]).
cited Cited as authority (rule) Bachman v. Artinger
Pa. Super. Ct. · 1981 · confidence medium
McMahon v. Young, 442 Pa. 484, 486 , 276 A.2d 534, 535 (1971) (emphasis added).
discussed Cited as authority (rule) Kravinsky v. Glover (2×)
Pa. Super. Ct. · 1979 · confidence medium
For a fact finder to award damages for a particular condition to a plaintiff it must find as a fact that the condition was legally caused by the defendant's conduct.. . . [I]t is the intent of our law that if the plaintiff's. . . expert cannot form an opinion with sufficient certainty so as to make a [professional] judgment, there is nothing on the record with which a [factfinder] can make a decision with sufficient certainty so as to make a legal judgment." McMahon v. Young, 442 Pa. 484, 486 , 276 A.2d 534, 535 (1971).
discussed Cited as authority (rule) Commonwealth v. Hughes (2×)
Pa. · 1978 · confidence medium
In McMahon v. Young, 442 Pa. 484, 486 , 276 A.2d 534, 535 (1971): “As we said in Menarde v. Philadelphia Trans.
discussed Cited as authority (rule) Albert v. Alter (2×)
Pa. Super. Ct. · 1977 · confidence medium
For a fact finder to award damages for a particular condition to a plaintiff, it must find as a fact that that condition was legally caused by the defendant's conduct." McMahon v. Young, 442 Pa. 484, 486 , 276 A.2d 534, 535 (1971).
discussed Cited as authority (rule) Armstrong v. Polaski
R.I. · 1977 · confidence medium
Petrole v. George A. Fetter, Inc., 411 F.2d 5, 7 (3d Cir. 1969); MacDonald v. Hall, 244 A.2d 809, 814 (Me. 1968); Olson v. *569 Sutherland, 224 Ore. 208, 210-11 , 355 P.2d 774, 775 (1960); McMahon v. Young, 442 Pa. 484, 486-87 , 276 A.2d 534, 535-36 (1971); Piper v. Miller, 154 W.Va. 178, 188-89 , 173 S.E.2d 662, 668 (1970).
cited Cited as authority (rule) Commonwealth v. Hamilton
Pa. · 1974 · confidence medium
What is required is “sufficient certainty so as to make a [medical] judgment”, McMahon v. Young, supra, 442 Pa. at 486, 276 A.2d at 535 .
examined Cited "see" Harley-Davidson Motor Co. v. Springettsbury Township (3×)
Pa. · 2015 · signal: see · confidence high
See McMahon v. Young, 276 A.2d 534, 535 (Pa. 1971) (opining, that if credited, fact-finder may find, as fact, what the expert gave as an opinion).
discussed Cited "see" McManamon v. Washko (2×)
Pa. Super. Ct. · 2006 · signal: see · confidence high
See McMahon v. Young, 442 Pa. 484 , 276 A.2d 534 (1971).
discussed Cited "see" Morsicato v. Sav-On Drug Stores, Inc.
Nev. · 2005 · signal: accord · confidence high
City of Elko v. Zillich, 100 Nev. 366, 371 , 683 P.2d 5, 8 (1984). 3 Krause, 117 Nev. at 933-34 , 34 P.3d at 569 . 4 rid. at 934, 34 P.3d at 569 . 5 109 Nev. 421, 424 , 851 P.2d 423, 425 (1993). 6 Id. at 424-25 , 851 P.2d at 425 . 7 rid. at 425, 851 P.2d at 425 . 8 120 Nev. 822, 834-35 , 102 P.3d 52 , 60-61 (2004). 9 Id. at 835, 102 P.3d at 61 . 10 Id. 11 Brown v. Capanna, 105 Nev. 665, 671-72 , 782 P.2d 1299, 1304 (1989). 12 See, e.g., id. at 671-72, 782 P.2d at 1304 (recognizing that testimony regarding causation must conform to the reasonable degree of medical probability standard); accord …
discussed Cited "see" Checchio v. Frankford Hospital (2×)
pactcomplphilad · 1998 · signal: see · confidence high
See McMahon v. Young, 442 Pa. 484 , 276 A.2d 534, 535 (1971) (evidence of “probable” causation insufficient to make expert testimony admissible); Niggel v. Sears, Roebuck and Co., 219 Pa. Super. 353, 355 , 281 A.2d 718, 719 (1971) (“It is not enough to say that the alleged cause ‘possibly,’ or ‘could have’ led to the result, that it ‘could very properly account’ for the result, or even that it was ‘very highly probable’ that it caused the result.”).
discussed Cited "see" Soda v. Baird (2×)
Pa. Super. Ct. · 1991 · signal: see · confidence high
See McMahon v. Young, 442 Pa. 484 , 276 A.2d 534 (1971).
discussed Cited "see" Peerless Dyeing Co. v. Industrial Risk Insurers (2×)
Pa. · 1990 · signal: see · confidence high
See McMahon v. Young, 442 Pa. 484 , 276 A.2d 534 (1971); see also McCann v. Amy Joy Donut Shops, 325 Pa.Super. 340 , 472 A.2d 1149 (1984).
examined Cited "see" Hamil v. Bashline (4×)
Pa. Super. Ct. · 1976 · signal: see · confidence high
See McMahon v. Young, 442 Pa. 484 , 276 A.2d 534 (1971).
discussed Cited "see, e.g." Griffin v. University of Pittsburgh Medical Center-Braddock Hospital (2×)
Pa. Super. Ct. · 2008 · signal: see also · confidence low
See also McMahon v. Young, 442 Pa. 484 , 276 A.2d 534, 535 (1971) (concluding expert did not state opinion to requisite degree of certainty by testifying that defendant’s negligence “probably” caused plaintiffs injury and noting that “the intent of our law [is] that if the plaintiffs medical expert cannot form an opinion with sufficient certainty so as to make a medical judgment, there is nothing on the record with which a jury can make a decision with sufficient certainty so as to make a legal judgment”); Hoffman v. Brandywine Hosp., 443 Pa.Super. 245 , 661 A.2d 397, 402 (1995) (con…
discussed Cited "see, e.g." Yellow Cab Co. v. Commonwealth (2×)
Pa. Commw. Ct. · 1978 · signal: see, e.g. · confidence low
See, e.g., McMahon v. Young, 442 Pa. 484 , 276 A.2d 534 (1971).
cited Cited "see, e.g." Simon v. Isaacson
pactcomplphilad · 1972 · signal: see also · confidence low
See also McMahon v. Young, 442 Pa. 484 (1971); Warden v. Lyons Transp.
discussed Cited "see, e.g." Houston v. Canon Bowl, Inc. (2×)
Pa. · 1971 · signal: see also · confidence low
See also McMahon v. Young, 442 Pa. 484 , 276 A. 2d 534 (1971).
Retrieving the full opinion text from the archive…
McMahon
v.
Young, Appellant
Appeal, 68.
Supreme Court of Pennsylvania.
Apr 22, 1971.
276 A.2d 534
John C. Youngman, Sr., with him Candor, Young-man, Gibson & Gault, for appellant., Patrick H. Fierro, with him F'ierro & Miele, for appellees.
Bell, Jones, Eagen, O'Brien, Boberts, Pomeroy, Barbieri.
Cited by 83 opinions  |  Published
3 passages pin-cited by 4 cases
Pinpoint authority: #21,854 of 633,719
Citer courts: Supreme Court of Pennsylvania (5) · District of Columbia Court of … (2)

Opinion by

Mr. Justice O’Brien,

On December 28, 1964, while proceeding south on U. S. Route 15 near Williamsport, Pennsylvania, Helen McMahon stopped to make a left turn into a supermarket. Mary Young, appellant, also in the southbound passing lane, did not notice soon enough that the McMahon car had stopped and collided with it. Mrs. McMahon and her husband brought suit to recover damages resulting from physical injuries to Mrs. McMahon and won a |20,000 verdict from the jury. After denial of motions for a new trial and entry of judgment on the verdict, Mary Young appealed.

This case is another in the series of Pennsylvania cases which feature the conflict between medical vocabulary and the rules of evidence. Mrs. McMahon’s physician testified that Mrs. McMahon suffered from an arthritic condition caused by a narrowing of the space between the fifth and sixth cervical vertebra. On the question of whether this condition was caused by the accident, the doctor used the following language at different times in his testimony:

(1) “[the automobile accident] is consistent with that sort of injury,”

(2) “there is probably a cause and effect relationship,”

(3) “my opinion is there is an arthritis which is consistent with traumatic arthritis.”

Appellant contends that expert testimony of this nature is inadmissible to prove causation. We agree. As we said in Menar de v. Philadelphia Trans. Co., 376[*486] Pa. 497, 103 A. 2d 681 (1954), summarizing the case law on the subject: “. .. [T]he expert has to testify, not that the condition of claimant might have, or even probably did, come, from the accident, but that in his professional opinion the result in question came from the cause alleged. A less direct expression of opinion falls below the required standard of proof and does not constitute legally competent evidence (citing cases).”

The issue is not merely one of semantics. There is a logical reason for the rule. The opinion of a medical expert is evidence. If the fact finder chooses to believe it, he can find as fact what the expert gave as an opinion. For a fact finder to award damages for a particular condition to a plaintiff, it must find as a fact that that condition was legally caused by the defendant’s conduct. Here, the only evidence offered was that it was “probably” caused, and that is not enough. . Perhaps in the world of medicine nothing is absolutely certain. Nevertheless, doctors must make decisions in their own profession every day based on their own expert opinions. Physicians must understand that it is the intent of our law that if the plaintiff’s medical expert cannot form an opinion with sufficient certainty so as to make a medical judgment, there is nothing on the record with which a jury can make a decision with sufficient certainty so as to make a legal judgment.

Because Mrs. McMahon’s doctor’s testimony was not made with sufficient certainty, it was not legally competent evidence and a new trial must be granted.

. A new trial must be granted for an additional reason. The court’s original charge to the jury failed to discuss the duties of a driver stopping to make a left turn and of the driver behind in preventing a rear-end collision such as the one which occurred in this case. Upon the request of the appellees, the judge did then discuss the duty of the driver behind as discussed in[*487] Meek v. Allen, 162 Pa. Superior Ct. 495, 58 A. 2d 870 (1948). However, the court failed to honor the request of the appellant’s counsel that he also discuss the duty of a driver who has stopped to make a left turn as set forth in The Vehicle Code, Act of 1959, P. L. 58, §1012, as amended, September 16, 1961, P. L. 1373, §4, 75 P.S. §1012(a) and (b), which read in part as follows: “(a) The driver of any vehicle upon a highway before . . . stopping, turning from a direct line . . . shall first see that such movement can be made with safety. . . . Before making any such vehicle movement, the driver shall give a plainly visible signal in the manner described in this section. The signal shall be given one hundred (100) feet in advance of and during the turning movement or a lane change. The signal shall be given prior to movement of the vehicle. . . .

“(b) The signal to indicate . . . turning . . . shall be given by flashing front and rear signal lamps on or at the side toward which the turn or other vehicle movement is made. ...” (Emphasis supplied.)

The court en banc, in its opinion, explained that it was not error to refuse the request because: “The accident in this case did not occur because of a turn; Mrs. McMahon did not make a turn, nor did she begin to do so. Assuming that Mrs. McMahon did not operate her turn signals, we do not see that this omission was legally contributory to the accident.” However, proximate cause is for the jury. If Mrs. McMahon’s decision to stop was reached suddenly without warning, a jury might have found a proximate causal relationship between the lack of warning and the appellant’s failure to stop in time to avoid hitting Mrs. McMahon’s car. This would depend on how fast the appellant was found to be driving and how much distance she was found to have kept between her car and Mrs. McMahon’s car.

Judgment reversed, new trial granted.

Mr. Justice Pomeroy concurs in the result.