McCANN v. AMY JOY DONUT SHOPS


325 Pa.Super. 340 (1984)

472 A.2d 1149

James J. McCANN and Patricia McCann, H/W, Appellants, v. AMY JOY DONUT SHOPS, A DIVISION OF AMERICAN SNACKS, INC.

Supreme Court of Pennsylvania.

Filed March 9, 1984.

Petition for Allowance of Appeal Denied September 7, 1984.


Attorney(s) appearing for the Case

William D. Marvin, Philadelphia, for appellants.

B.E. Zuckerman, Norristown, for appellee.

Before SPAETH, President Judge, and CAVANAUGH, McEWEN, BECK, MONTEMURO, MONTGOMERY and CERCONE, JJ.


MONTEMURO, Judge:

This is an appeal from an order denying appellants' motion for a new trial, entered in the Court of Common Pleas, Montgomery County.

On March 20, 1975, appellant, James McCann, suffered severe gastritis, leading over the next five days to a flare-up of an existing ulcer. As a result of his condition, he underwent surgery which involved the removal of a portion of his stomach. Appellants brought this action against appellee because Mr. McCann...

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