Dinardo v. Kohler, 304 A.3d 1187 (Pa. 2023)

Both the trial court and the Superior Court found that the plaintiff’s claims were barred by the no felony conviction recovery rule. The plaintiff filed a medical malpractice suit against his prior treating psychiatrist and health care providers, claiming that his criminal conduct—murdering four individuals—was a result of their gross negligence and sought compensatory damages and indemnification against judgments by the families of the four victims. The Pennsylvania Supreme Court found that any recovery was barred by the no felony conviction recovery rule as the plaintiff was barred from profiting and/or beneficiating via civil laws off of his own criminal conduct. Specifically, the Pennsylvania Supreme Court found that the complaint, when read as a whole, sought damages that flowed from his own homicidal conduct. This is a major application of the no felony conviction recovery rule in the medical malpractice realm and can serve as a basis for further preliminary objections or dispositive motions wherein a plaintiff’s claims stem from criminal conduct.