NATH v. ST. CLAIR MEMORIAL HOSPITAL


251 Pa.Super. 361 (1977)

380 A.2d 820

Robert J. NATH and Henrietta Nath, his wife, Appellants, v. ST. CLAIR MEMORIAL HOSPITAL, a corporation, Dutney J. Hayes, M.D., Robert McIlvaine and Ruth Tarquinio.

Superior Court of Pennsylvania.

Decided December 2, 1977.


Attorney(s) appearing for the Case

F. Peter Dixon, Pittsburgh, for appellants.

Bruce R. Martin, Pittsburgh, for appellees.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.


JACOBS, Judge:

The issue before our Court on this appeal is whether the lower court abused its discretion when it granted appellee Dutney J. Hayes' motion for a non pros. For the reasons hereafter set forth, we reverse.

The appellants in this case filed suit against all of the above parties on September 26, 1972, by means of a praecipe for writ of summons in trespass and assumpsit. These writs were never served, however, and were reissued on March 7, 1974...

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