LEONARD v. TIMLIN

No. 94-Civil-1523.

40 Pa. D. & C. 4th 398 (1998)

Leonard v. Timlin

Common Pleas Court of Lackawanna County, Pennsylvania.

February 3, 1998.


Attorney(s) appearing for the Case

Todd J. O'Malley, for plaintiffs.

James E. O'Brien and John T. Clary, for defendants.


CORBETT, J., February 3, 1998.

BACKGROUND

This case comes before the court on motions for summary judgment by both defendants in this matter. When considering a motion for summary judgment we must view the evidence in the light most favorable to the non-moving party. Therefore, we will accept the facts as averred in the briefs submitted by the plaintiffs.

On June 5, 1987, Lisa Marie Leonard gave birth to a stillborn baby girl named Angel....

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