EBY v. M.S. HERSHEY MEDICAL CENTER

No. 4977-S-1992.

21 Pa. D. & C. 4th 281 (1993)

Eby v. Milton S. Hershey Medical Center

Common Pleas Court of Dauphin County, Pennsylvania.

June 18, 1993.


Attorney(s) appearing for the Case

Gregory R. Reed, for plaintiffs.

Maureen Gallagher, for defendant.


DOWLING, J., June 18, 1993.

TOO SOON TO TELL

A demurrer is rapidly becoming a knee-jerk reaction to any type of claim that is out of the ordinary. As literally thousands of cases have reiterated, it is basically an admission of the validity of the "pleaded" facts. In effect, it says what you allege is correct, true and accurate; but it doesn't add up to a cause of action. Its introduction at the very outset of a case before any fleshing out of discovery...

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