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STEIN v. RICHARDSON

302 Pa.Super. 124 (1982)

448 A.2d 558

Eric STEIN, a minor by his parents and natural guardians, Raymond Stein and Dolores A. Stein, his wife and Dolores A. Stein and Raymond Stein, her husband, in their own right v. James E. RICHARDSON v. The WASHINGTON HOSPITAL. Appeal of Eric STEIN, a minor by his parents and natural guardians, Raymond Stein and Dolores Stein, his wife. Eric STEIN, a minor by his parents and natural guardians, Raymond Stein and Dolores A. Stein, his wife and Dolores A. Stein and Raymond Stein, her husband, in their own right v. The WASHINGTON HOSPITAL v. James E. RICHARDSON. Appeal of Eric STEIN, a minor by his parents and natural guardians, Raymond Stein and Dolores Stein, his wife.

Supreme Court of Pennsylvania.

Filed July 16, 1982.

Attorney(s) appearing for the Case

Franklin E. Conflenti, Pittsburgh, for appellant.

John W. Jordan, IV, Pittsburgh, for Richardson, appellee.

Charles C. Keller, Washington, for Washington Hospital, appellee.

Before CERCONE, President Judge, and PRICE, SPAETH, HESTER, CAVANAUGH, WICKERSHAM, BROSKY, WIEAND, JOHNSON, MONTEMURO, POPOVICH, DiSALLE and SHERTZ, JJ.

BROSKY, Judge:

Eric Stein appeals from the order of the trial court granting the preliminary objections of James Richardson, M.D., appellee, and The Washington Hospital, appellee, and granting a motion for judgment on the pleadings to the Hospital. The primary question involved in this case concerns the discovery rule as applied to the statute of limitations in medical malpractice cases and the burden upon the plaintiff to plead the nondiscoverability of his injury...

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