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JONES v. HARRISBURG POLYCLINIC HOSPITAL

496 Pa. 465 (1981)

437 A.2d 1134

Barry L. JONES and Mary Belle Jones, Appellants, v. HARRISBURG POLYCLINIC HOSPITAL, Charles R. Beittel, Jr., M.D., and P. McAloose, Appellees.

Supreme Court of Pennsylvania.

Decided December 15, 1981.

Attorney(s) appearing for the Case

Donald J. Farage, David M. Jakobi, Thaddeus J. Bartkowski, Philadelphia, James W. Evans, Harrisburg, for appellants.

Edward E. Knauss, III, Harrisburg, for Harrisburg Polyclinic Hosp.

Lee C. Swartz, Harrisburg, for P. McAloose.

James W. Evans, Harrisburg, for Charles R. Beittel, Jr.

Edward B. McDaid, Thaddeus J. Bartkowski, Philadelphia, for Barry L. & Mary Belle Jones.

Before ROBERTS, NIX, LARSEN, FLAHERTY, KAUFFMAN and WILKINSON, JJ.

OPINION OF THE COURT

NIX, Justice.

This is an appeal from the order of the Superior Court1 remanding the instant medical malpractice action for a new trial. A divided Superior Court2 found that Mary Belle Jones and Barry L. Jones, plaintiffs below (appellants herein) failed to satisfy the requirements for the application of res ipsa loquitur and thus the trial court erred in allowing the jury...

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