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YEAGER v. KAVIC

765 A.2d 812 (2000)

Robert L. YEAGER and Terry L. Yeager, Husband and Wife, Appellees, v. Timothy N. KAVIC, Hugo Pfaeffle, M.D. and North Hills Passavant Hospital A Pennsylvania Corporation. Appeal of: Hugo Pfaeffle, M.D.

Superior Court of Pennsylvania.

Filed December 29, 2000.

Attorney(s) appearing for the Case

Andrew G. Thiros, Pittsburgh, for appellant.

John W. Jordan, Pittsburgh, for Kavic, appellee.

Douglas Price, Pittsburgh, for North Hills Passavant Hosp., appellee.

Before POPOVICH, FORD ELLIOTT and BECK, JJ.

BECK, J.:

¶ 1 During the trial of this medical malpractice action, the court declared a mistrial, and ordered that the counsel fees and expenses of plaintiffs-appellees Robert L. Yeager and Terry L. Yeager, and the court's own costs, be paid by defendant-appellant Hugo Pfaeffle, M.D. The total award was $27,799.00. Because we conclude the trial judge abused his discretion, we reverse the court's holding and vacate the order of sanctions.1

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