BARSHADY v. SCHLOSSER


226 Pa.Super. 260 (1973)

Barshady, Appellant, v. Schlosser.

Superior Court of Pennsylvania.

November 21, 1973.


Attorney(s) appearing for the Case

Robert A. Ebenstein, with him Fine, Staud, Grossman & Garfinkle, for appellant.

Sidney L. Wickenhaver, with him Montgomery, McCracken, Walker & Rhoads, for appellee.

Before WRIGHT, P.J., WATKINS, JACOBS, HOFFMAN, CERCONE, and SPAETH, JJ. (SPAULDING, J., absent).


OPINION PER CURIAM, November 21, 1973:

The six Judges who heard this appeal being equally divided, the order is affirmed.

OPINION BY HOFFMAN, J., In Support of Reversal:

This appeal presents the question of whether the statute of limitations may bar an action by a plaintiff who does not learn of a surgical injury until more than two years after the operation.

On April 25, 1961, Dr. Woodrow...

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