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SAKS v. JEANES HOSPITAL

268 Pa.Super. 578 (1979)

408 A.2d 1153

Minnie SAKS and Edward Saks, her husband, Appellants, v. JEANES HOSPITAL. Minnie SAKS and Edward Saks, her husband, Appellants, v. William Y. INOUYE, M.D., Vererando G. Jaurigue, M.D., Richard H. Driscoll, M.D. Minnie SAKS and Edward Saks, her husband, Appellants, v. WIN HTIN CHU, M.D.

Superior Court of Pennsylvania.

Filed August 31, 1979.

Petition for Allowance of Appeal Denied January 4, 1980.

Attorney(s) appearing for the Case

Albert S. Fein, Philadelphia, for appellants.

Thomas E. Byrne, Philadelphia, for appellee Jeanes Hospital.

Before PRICE, SPAETH and LIPEZ, JJ.

PER CURIAM:

Since this case arose before the effective date of Pa.R.Civ.P., No. 4019(i), it was within the discretion of the trial judge to permit the expert witness to testify despite the fact that appellee had not included the witness's name in its answer to an interrogatory propounded by appellants. See Nissley v. Pennsylvania R.R. Co., 435 Pa. 503, 259 A.2d 451 (1969); Moore v. Howard P. Foley Co.,

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