POUNDS v. LEHMAN


384 Pa.Super. 358 (1989)

558 A.2d 872

Edith E. POUNDS and Ralph Pounds, her Husband, Appellants, v. John LEHMAN, M.D., and Beaver Valley Orthopedic Associates, P.C.

Supreme Court of Pennsylvania.

Filed May 5, 1989.

Petition for Allowance of Appeal Denied October 4, 1989.


Attorney(s) appearing for the Case

Christine L. Donohue, Pittsburgh, for appellants.

Robert S. Grigsby, Pittsburgh, for appellees.

Before CIRILLO, President Judge, and BROSKY and TAMILIA, JJ.


BROSKY, Judge:

This is an appeal from an order granting judgment notwithstanding the verdict in favor of appellees. Appellants raise only one question for our determination, whether the "discovery rule" is "applicable" when the injury is discovered within a two year period after a surgical operation. The trial court found the rule inapplicable if the injury was in fact discovered during the two year period after the surgical operation took place. We vacate and remand...

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