WILKES-BARRE GEN. HOSP. v. LESHO ET AL.

No. 424 Misc. Dkt. No. 2, 2205 C.D. 1980 and 2218 C.D. 1980.

62 Pa.Commw. 222 (1981)

Wilkes-Barre General Hospital, Petitioner v. George Lesho and Mary Lesho, Administrators of the Estate of Rosemary Lesho et al., Respondents. George Lesho and Mary Lesho, Administrators of the Estate of Rosemary Lesho v. Henry B. Friedman, M.D. et al. Henry B. Friedman, M.D., Charles E. Meyers, M.D., Associated Internists of Kingston, Petitioners. George Lesho and Mary Lesho, Administrators of the Estate of Rosemary Lesho v. Henry B. Friedman, M.D. et al. David B. Lucchino, M.D., Petitioner.

Commonwealth Court of Pennsylvania.

October 20, 1981.


Attorney(s) appearing for the Case

Howard M. Levinson, Rosenn, Jenkins & Greenwald, for petitioner, Wilkes-Barre General Hospital.

Joseph P. Mellody, Jr., Hourigan, Kluger & Spohrer, for petitioners, Henry B. Friedman, M.D., Charles E. Meyers, M.D., and Associated Internists of Kingston, P.C.

Joseph R. Rydzewski, with him Paul A. Barrett, Nogi, O'Malley & Harris, P.C., for petitioner, David B. Lucchino, M.D.

Frank J. McDonnell, with him Joseph J. O'Brien, Jr., Haggerty, McDonnell and O'Brien, for respondents, George Lesho and Mary Lesho.

Argued September 18, 1981, before Judges BLATT, CRAIG and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE MacPHAIL, October 20, 1981:

Our Court has permitted this appeal from an interlocutory order because the order from which the appeal was taken specified that it involved a controlling question of law as to which there was a substantial ground for difference of opinion and because an immediate appeal would materially advance the ultimate termination of the matter. 42 Pa. C.S. § 702(b) and Pa. R.A.P. 1311(a).

In the instant case the subject...

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