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ASSOCIATED HOSP. SERV. OF PHIL. v. PUSTILNIK

262 Pa.Super. 600 (1979)

396 A.2d 1332

ASSOCIATED HOSPITAL SERVICE OF PHILADELPHIA, Appellant in No. 1223, v. Alan PUSTILNIK, Appellant in No. 1136.

Superior Court of Pennsylvania.

Decided January 19, 1979.

Petition for Allowance of Appeal Granted June 18, 1979.

Attorney(s) appearing for the Case

Barry J. Goldstein, Philadelphia, for appellant at No. 1136 and for appellee at No. 1223.

Raymond T. Cullen, Philadelphia, for appellant at No. 1223 and for appellee at No. 1136.

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

SPAETH, Judge:

This case arises on cross appeals in an equity action. The issues raised involve the right of subrogation.

On May 27, 1968, Alan Pustilnik was injured when he was struck by a SEPTA subway car in Philadelphia. As a result of the accident, Pustilnik was hospitalized on three separate occasions. Medical bills accruing from these hospitalizations totalled $30,200.87, but Pustilnik was given...

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