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MURTHA v. CROZER-CHESTER MED. CENTER

394 Pa.Super. 538 (1990)

576 A.2d 979

Richard J. MURTHA and Dina A. Murtha, H/W, Administrators of the Estate Richard Murtha, Deceased and Richard J. Murtha and Dina A. Murtha, in Their Own Right, Appellants, v. CROZER-CHESTER MEDICAL CENTER and Hahnemamn University Hospital and J. Albright Jones M.D. and Edward McLaughlin, M.D. and Frank Briglia, M.D. and James Finke, M.D. and John Doe, Appellee.

Supreme Court of Pennsylvania.

Filed May 17, 1990.

Reargument Denied July 18, 1990.

Attorney(s) appearing for the Case

Rosalind T. Kaplan, Philadelphia, for appellants.

Andrew L. Braunfeld, Norristown, for appellees.

Before DEL SOLE, TAMILIA and HOFFMAN, JJ.

DEL SOLE, Judge:

An unusual and unfortunate fact situation prompts our consideration of the issue in this appeal. We are asked to review whether the trial court properly refused to permit the substitution or amendment of a complaint to include, in place of a deceased defendant, the executor of his estate where the action was commenced against the defendant before his death, but service was not effected before...

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