In a case blending medical malpractice, courtroom strategy, and religious observance, the Pennsylvania Superior Court upheld a $4 million verdict against osteopathic physician Dr. Peter Gross on Wednesday, rejecting his appeal over a Yom Kippur-related trial delay request. The court ruled that Gross waited too long to seek a continuance, knowing for 18 months that the trial was set for September 25, 2023—which coincided with the Jewish holy day.

Timing Is Everything: The Court’s Rationale

The panel of judges sharply criticized Gross’ timing, stating he sought a one-day trial postponement just six days before proceedings began. They emphasized that the doctor and his legal team had ample time to raise the issue much earlier.

“Despite having the trial date more than eighteen (18) months in advance, appellants waited until the week before trial to seek a continuance due to an annual Jewish holy day,” the court stated.

However, the ruling clarified that it was not setting a blanket precedent against religious-based trial delays, but rather highlighting Gross’ lack of diligence in making the request in a timely manner.

The Medical Malpractice Case: A Delayed Diagnosis with Devastating Consequences

The lawsuit, filed by Fred DiMeo, stemmed from a 2018 medical crisis. On September 17, 2018, DiMeo called Gross’ office, reporting chest pains. A receptionist informed him that no appointments were available that day. When his symptoms persisted, he called again the next day—but was again turned away, though he was eventually prescribed an electrocardiogram (EKG) and an X-ray.

DiMeo underwent these tests at a hospital but was sent home. Later that night, he rushed to the emergency room at a different facility, where doctors diagnosed him with a heart attack (myocardial infarction).

According to expert testimony, DiMeo suffered permanent heart damage due to the delay in diagnosis. He subsequently sued Dr. Gross on October 29, 2019, alleging medical negligence.

Legal Battle and Trial Proceedings

In March 2022, the court scheduled the trial for September 25, 2023. However, just six days before trial, Gross’ lawyer requested a delay, citing the religious holiday.

DiMeo’s legal team, led by Louis Tumolo of The Beasley Firm, objected, arguing that expert witnesses' schedules were already set. The court sided with DiMeo, and the trial proceeded as planned, from September 25 to September 28—though Gross was absent on the first day due to Yom Kippur.

Ultimately, the jury ruled in favor of DiMeo, awarding $4.05 million, including delay damages that the trial judge approved in October 2023.

Appeal Denied: Religious Argument Rejected

On appeal, Gross argued that the court’s refusal to grant a continuance forced him to choose between his constitutional right to religious freedom and his right to attend his own trial. However, the appeals court found no need to delve into constitutional law, ruling instead that state precedent on trial continuances was clear and had been fairly applied.

Additionally, the court upheld the $61,000 Medicare lien included in the final verdict, affirming that the trial judge acted within discretion in molding the verdict to account for outstanding medical costs.

“The decision to mold the verdict also fit the expressed intent of the jury, which found Dr. Gross liable for Mr. DiMeo's damages,” the panel noted.

Legal Representatives and Next Steps

• Fred DiMeo is represented by Louis Tumolo of The Beasley Firm.
• Dr. Peter Gross is represented by Robert Byer of Duane Morris LLP.

At press time, neither party had issued an official comment on the ruling.

This case underscores the delicate balance courts must strike when accommodating religious observances while upholding procedural fairness, setting a precedent for how future religious continuance requests may be handled in high-stakes litigation.