CAPONE v. DONOVAN


332 Pa.Super. 185 (1984)

480 A.2d 1249

Gerard CAPONE, Jr., Gerard Capone and Maria Capone, his wife, Appellants, v. J. Arnold DONOVAN, Jr., M.D. and M.J. Stackowski, M.D.

Supreme Court of Pennsylvania.

Filed August 24, 1984.


Attorney(s) appearing for the Case

Ambrose R. Campana, Williamsport, for appellants.

Paul A. Barrett, Scranton, for Donovan, appellee.

Diane L. Anderson, Philadelphia, for Stackowski, appellee.

Before WICKERSHAM, WIEAND and CERCONE, JJ.


WIEAND, Judge:

If a plaintiff's football injury has been misdiagnosed and mistreated successively by several physicians so as to result in a permanent injury, does settlement with one physician bar an action against the other physicians? The trial court held that a second action was barred and entered summary judgment in favor of the physicians. We reverse.

Gerard Capone, Jr., sustained a broken arm during football scrimmage at Bucknell University on September...

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