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LALUMERA v. NAZARETH HOSP.

310 Pa.Super. 401 (1983)

456 A.2d 996

Joseph LALUMERA, Jr., a Minor by His Parent and Natural Guardians, Joseph Lalumera, Sr. and Janet Lalumera, and Joseph Lalumera, Sr. and Janet Lalumera, in Their Own Right v. NAZARETH HOSPITAL and James Joseph Toland, 3rd, M.D. Appeal of NAZARETH HOSPITAL.

Superior Court of Pennsylvania.

Filed January 7, 1983.

Reargument Denied March 21, 1983.

Petition for Allowance of Appeal Denied October 6, 1983.

Attorney(s) appearing for the Case

G. Wayne Renneisen, Philadelphia, for appellant.

Eugene Spector, Philadelphia, for Lalumera, et al., appellees.

Before SPAETH, BROSKY and BECK, JJ.

BECK, Judge:

Appellant Nazareth Hospital appeals an order of the Court of Common Pleas, Philadelphia County, sitting in equity, which denied its petition to open a default judgment.

Appellees Joseph Lalumera Jr., a minor, and his parents filed a complaint in trespass and assumpsit against Nazareth Hospital and Joseph James Toland, 3rd, M.D., on September 25, 1979, alleging negligence in the medical treatment of Joseph Lalumera Jr. while he was a patient in...

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