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RHINES v. HERZEL

481 Pa. 165 (1978)

392 A.2d 298

Robert D. RHINES, Administrator of the Estate of Beverly L. Rhines, Deceased, Appellant, v. Frank B. HERZEL, Jr., M.D., James C. Powell and Harrisburg State Hospital, Appellees. Robert D. RHINES, Administrator of the Estate of Beverly L. Rhines, Deceased, Appellant, v. Dr. Renato SALVA, Dr. Aurelio Moscoso, et al., Appellees.

Supreme Court of Pennsylvania.

Decided October 5, 1978.

Attorney(s) appearing for the Case

Richard C. Angino, Hurwitz, Klein, Benjamin & Angino, Harrisburg, John J. O'Brien, Jr., Elizabeth M. McKenna, O'Brien & O'Brien Associates, Philadelphia, for appellants.

Christian S. Erb, Jr., Jerd L. Hock, Harrisburg, for appellees.

Edwin L. Scherlis, Frederic E. Black, Philadelphia, for appellees, A.S. Tornay and Daniel Blain.

Glenn F. Gilman, Joseph W. McGuire, Harrisburg, for appellee, Philadelphia State Hospital.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX, MANDERINO and LARSEN, JJ.

OPINION OF THE COURT

NIX, Justice.

This is a wrongful death and survival action brought by the administrator of the estate of Beverly L. Rhines, deceased. The complaint alleged that the deceased, a patient at Harrisburg State Hospital, was killed by another patient, Henry Miller. Decedent's death, according to the facts alleged by plaintiff-appellant, was due to the failure of hospital personnel to provide for adequate supervision of Miller, a patient with...

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