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MULLIGAN v. PICZON

779 A.2d 1143 (2001)

Loretta MULLIGAN and Thomas Mulligan, her husband and Mark Gurevitz v. Serverino PICZON, M.D. Appeal of Commonwealth of Pennsylvania, Medical Professional Liability Catastrophe Loss Fund.

Supreme Court of Pennsylvania.

Decided September 7, 2001.

Attorney(s) appearing for the Case

Guy Anthony Donatelli, Westchester, Kenneth J. Serafin, Harrisburg, Naomi A. Plakins, Doylestown, William H. Lamb, Westchester, for Medical Professional Fund.

Lise Luborsky, Philadelphia, for Amicus Curiae Pennsylvania Property and Cas. Ins. Guar. Ass'n.

Michael Perry, for Community Medical Center.

David R. Bahl, Williamsport, for Serverino Piczon, M.D.

Steve W. Day, Newtown Square, for Access/AIG.

Joseph P. Lenahan, Scranton, for Mulligan's & Mark Gurevi.

John Thomas McLane, Scranton, for Amicus Curiae PA Trial Lawyers Assoc.

Prior report: 739 A.2d 605 (Pa.Cmwlth. 1999)

ORDER

PER CURIAM.

The Court being evenly divided, the Order of the Commonwealth Court is affirmed.

Justice ZAPPALA files an Opinion in Support of Reversal in which Chief Justice FLAHERTY and Justice NIGRO join.

Justice SAYLOR files an Opinion in Support of Affirmance in which Justice CAPPY and CASTILLE join.

Justice NIGRO files an Opinion...

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