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TRUESDALE v. ALBERT EINSTEIN MED. CTR.

767 A.2d 1060 (2001)

Lisa TRUESDALE, An Incompetent by Cynthia TRUESDALE, her Guardian, v. ALBERT EINSTEIN MEDICAL CENTER, Edwin Feliciano, M.D., Ray Kerlin, M.D., Estelle Loeb, D.O., Thomas Murphy, M.D., Michael Litan, M.D., Benjamin Rush Center for Mental Health/Mental Retardation Services, Inc., and Northwestern Human Services, Inc. Appeal of Estelle Loeb, D.O.

Superior Court of Pennsylvania.

Filed January 22, 2001.

Attorney(s) appearing for the Case

Sheila A. Haren, Philadelphia, for appellant.

Noreen C. O'Grady, Philadelphia, Truesdale, appellee.

BEFORE: Del SOLE, JOHNSON, and BECK, JJ.

JOHNSON, J.:

¶ 1 Estelle Loeb, D.O., appeals the trial court's order discontinuing Plaintiff's case without prejudice to commence a new action when, and if, Lisa Truesdale (Lisa) becomes competent to testify and tolling the statute of limitations in the interim. Loeb asserts that the discontinuance allows litigation of Lisa's claims for an indefinite period and would irreparably prejudice Loeb's ability to defend the renewed litigation. We agree with Loeb's assertion...

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