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HREHA v. BENSCOTER

381 Pa.Super. 556 (1989)

554 A.2d 525

John R. HREHA v. Judith L. BENSCOTER, D.O. and Metropolitan Hospital-Springfield Division. Appeal of METROPOLITAN HOSPITAL-SPRINGFIELD DIVISION. John R. HREHA, Appellant, v. Judith L. BENSCOTER, D.O. and Metropolitan Hospital-Springfield Division, Appellees.

Supreme Court of Pennsylvania.

Filed January 24, 1989.

Reargument Denied March 9, 1989.

Attorney(s) appearing for the Case

Andrew F. Napoli, Philadelphia, for appellant in No. 983, and appellee in No. 1031.

Herbert Monheit, Philadelphia, for appellant in No. 1031, and appellee in No. 983.

Before WIEAND, McEWEN and MELINSON, JJ.

WIEAND, Judge:

In this medical malpractice action, John R. Hreha sought to recover damages against Dr. Judith L. Benscoter and the Metropolitan Hospital, Springfield Division, for complications following the surgical replacement of his hip. The jury before whom the action was tried found that the causal negligence of the hospital was fifty (50%) percent, the causal negligence of Dr. Benscoter fifteen (15%) percent, and the causal negligence of Hreha thirty-five (35...

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