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ESTATE OF GASBARINI v. MED. CTR. OF BEAVER

487 Pa. 266 (1979)

409 A.2d 343

ESTATE OF Gabriel C. GASBARINI, a/k/a Gabriel C. Gasbarine, Appellant, v. MEDICAL CENTER OF BEAVER COUNTY, INC., ROCHESTER DIVISION and Leon E. Goggin and N.A. Hetzler.

Supreme Court of Pennsylvania.

Decided December 21, 1979.

Attorney(s) appearing for the Case

Hugh G. Grady, Fein & Grady, Philadelphia, for appellant.

Michael D. Heintzman, Thomson, Rhodes & Grigsby, Pittsburgh, for Leon D. Goffin and N.A. Hetzler.

Oran W. Panner, John W. Jordan, IV, Pittsburgh, Panner, Holland & Autenreith, Beaver, for Medical Center of Beaver County, Inc., Rochester Div.

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

OPINION OF THE COURT

O'BRIEN, Justice.

This appeal results from an order of the Superior Court, which reversed an order of the Court of Common Pleas of Beaver County, where the latter court had opened its previous order dismissing an action in trespass and allowed the complaint in trespass to be reinstated.

On June 26, 1973, Gabriel Gasbarini [decedent] died while a patient at Medical Center of Beaver County, Inc. [appellee], and while under the...

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