JENKINS v. HOSPITAL OF MED. COLLEGE


535 Pa. 252 (1993)

634 A.2d 1099

Gwendolyn JENKINS, Appellee, v. HOSPITAL OF the MEDICAL COLLEGE OF PENNSYLVANIA and Dr. Carol Grabowski and Dr. Dorothy M. Barbo, Appellants.

Supreme Court of Pennsylvania.

Decided December 8, 1993.


Attorney(s) appearing for the Case

Nancy A. Nolan, Philadelphia, for appellants.

Mark Jurikson, Philadelphia, Calvin R. Koons, Sr. Deputy Atty. Gen., for appellee.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS and CAPPY, JJ.


OPINION

ZAPPALA, Justice.

This appeal raises the issue of the constitutionality of Section 8 of the Act of April 13, 1988, P.L. 336, No. 47, which provides for the retroactive application of 42 Pa.C.S.A. § 8305(a) to any case pending or on appeal on the effective date of the statute. The Superior Court held that the retroactive application of the statute was unconstitutional because the Legislature may not extinguish a cause of action which has...

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