McDANIEL v. MERCK, SHARP & DOHME


367 Pa.Super. 600 (1987)

533 A.2d 436

Constance L. McDANIEL, as Administratrix of the Estate of Carol M. Lee, and on behalf of Paul T. Lee, a minor and Elizabeth R. Lee, Appellants, v. MERCK, SHARP & DOHME, the Western Pennsylvania Hospital, Kenneth Melani, M.D., Lester A. Dunmire, M.D., John H. Goodworth, M.D., Timothy Kavic, M.D. and Paul Kim, M.D., Appellees.

Supreme Court of Pennsylvania.

Filed September 15, 1987.

Reargument Denied November 17, 1987.


Attorney(s) appearing for the Case

Frank M. McClellan, Pittsburgh, for appellants.

Raymond G. Hasley, Pittsburgh, for Merck, Sharp & Dohme, appellees.

John C. Conti, Pittsburgh, for Western Pennsylvania Hosp. and Melani, Kavic and Kim, appellees.

John W. Jordan, IV, Pittsburgh, for Dunmire and Goodworth, appellees.

Before DEL SOLE, KELLY and POPOVICH, JJ.


KELLY, Judge:

In this trespass action, plaintiff-appellant, Constance L. McDaniel, as Administratrix of the Estate of Carol M. Lee, appeals from an order of the Court of Common Pleas of Allegheny County denying her post-trial motions for the removal of a compulsory non-suit and judgment n.o.v. as to appellee, Merck, Sharp & Dohme (hereinafter Merck), and denying motions for a new trial and judgment n.o.v. as to appellees, Dr. John H. Goodworth, Dr. Timothy Kavic...

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