CAPAN v. DIVINE PROVIDENCE HOSPITAL


287 Pa.Super. 364 (1980)

430 A.2d 647

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, v. Philip POLLICE, M.D.

Superior Court of Pennsylvania.

Filed October 10, 1980.

Reargument Denied June 12, 1981.

Petition for Allowance of Appeal Denied December 2, 1981.


Attorney(s) appearing for the Case

Thomas W. Trimm, Pittsburgh, for appellant.

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

George M. Weis, Pittsburgh, for Hospital, appellee.

Harry J. Zimmer, Pittsburgh, for Rueger and Clevenger, appellees.

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

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

Before CERCONE, President Judge and CAVANAUGH, and HOFFMAN, JJ.


HOFFMAN, Judge:

The issue presented by this case is whether the lower court erred in failing to instruct the jury that it could find appellee Divine Providence Hospital vicariously liable for the negligence of appellee Dr. Philip Pollice despite the fact that the doctor was an independent contractor. We conclude that the court should so have instructed the jury and, accordingly, reverse the order of the court...

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