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CAPAN v. DIVINE PROVIDENCE HOSPITAL

270 Pa.Super. 127 (1979)

410 A.2d 1282

Anna Marie CAPAN, Administratrix of the Estate of Frank M. Capan, Deceased, Appellant, v. DIVINE PROVIDENCE HOSPITAL, a corporation, Raimund Rueger, M.D., J.R. Friday, M.D., G. Ray Vilsack, M.D., Robert Clevenger, M.D., Alfred R. Price, M.D., Individuals, Defendants, v. Philip POLLICE, M.D.

Superior Court of Pennsylvania.

Petition for Allowance of Appeal Granted January 31, 1980.

Reargument Denied January 3, 1980.

Attorney(s) appearing for the Case

Thomas W. Trimm, Pittsburgh, for appellant.

David H. Trushel, Pittsburgh, for appellee Vilsack, M.D.

George M. Weis, Pittsburgh, for appellee Divine Providence Hospital, a corporation.

Harry J. Zimmer, Pittsburgh, did not file a brief on behalf of appellees Rueger, M.D. and Clevenger, M.D.

Ronald H. Heck, Pittsburgh, for appellee Friday, M.D.

Bruce R. Martin, Pittsburgh, for appellee Pollice, M.D.

Before CERCONE, WIEAND and HOFFMAN, JJ.

CERCONE, President Judge:

This is an appeal from the order of the Court of Common Pleas of Allegheny County denying appellant's motions for new trial and motion to take off non-suits in wrongful death and survival actions. We affirm the decision of the lower court.

The decedent, Frank Capan, was admitted to Divine Providence Hospital on November 17, 1972 for treatment of a nosebleed. Appellee, Dr. Raimund Rueger, was the first physician to treat Frank. He...

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