LEONE v. THOMAS


428 Pa.Super. 217 (1993)

630 A.2d 900

Lois LEONE and John Leone, Her Husband, Appellants, v. Victor J. THOMAS, M.D.

Superior Court of Pennsylvania.

Filed April 16, 1993.

Rehearing Denied August 23, 1993.


Attorney(s) appearing for the Case

Wendell G. Freeland, Pittsburgh, for appellants.

James A. Wood, Pittsburgh, for appellee.

Before ROWLEY, P.J., and JOHNSON and MONTGOMERY, JJ.


JOHNSON, Judge.

Lois and John Leone appeal from the judgment entered in a medical malpractice action finding no negligence on the part of Victor J. Thomas, M.D. The Leones claim that the trial court erred in failing to give a jury instruction on res ipsa loquitur. We reverse.

On September 3, 1985, Thomas performed arthroscopic surgery upon Mrs. Leone for the excision of a popliteal cyst of her left...

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