ORDER

AND NOW, this 23rd day of May, 2012, the Petition for Allowance of Appeal is GRANTED. The issues are:

(1) Is it ever within the discretion of a trial judge to instruct the jury in a medical malpractice case that a doctor is not liable for a nonnegligent error of judgment?

(2) Was the Supreme Court’s retroactive application to the present case of the rule it announced in Pringle v. Rapaport[,] 980 A.2d 159 (Pa.Super. 2009) (en banc), contrary to the Supreme Court’s decision in Cleveland v. Johns-Manville Corp.[,] 547 Pa. 402, 690 A.2d 1146 (1997)?