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TIBURZIO-KELLY v. MONTGOMERY

452 Pa.Super. 158 (1996)

681 A.2d 757

Marcia TIBURZIO-KELLY and Francis Tiburzio, Individually and on Behalf of Their Minor Daughter, Lauren Rose Tiburzio, Appellants, v. Bruce MONTGOMERY, M.D., Thomas D. Mull, M.D., Anesthesia Associates of Bryn Mawr, Bryn Mawr Hospital, Appellees.

Superior Court of Pennsylvania.

Filed July 15, 1996.

Reargument Denied September 27, 1996.

Attorney(s) appearing for the Case

David A. Yanoff, Philadelphia, for appellants.

Kevin H. Wright and Francis J. McGovern of Blue Bell, for appellee Bruce Montgomery, M.D.

Barbara Magen, Philadelphia, for appellees Thomas D. Mull, M.D. & Anesthesia Assoc. of Bryn Mawr.

Mary E. Nepps, Philadelphia, for appellee Bryn Mawr Hospital.

Before McEWEN, TAMILIA and KELLY, JJ.

KELLY, Judge.

This appeal is brought from an order of the Court of Common Pleas of Montgomery County granting appellant Lauren Tiburzio's request for a new trial,1 and denying the remaining appellants' claims for post-trial relief. We reverse in part and affirm in part.

All parties to this appeal agree to one immutable fact: appellant, Marcia Tiburzio-Kelly, delivered a baby (Lauren Tiburzio) by emergency caesarian delivery without...

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