PATERNASTER v. LEE


863 A.2d 487 (2004)

Lorraine PATERNASTER, Administratrix of the Estate of Damon Paternaster, Appellant, v. Dong P. LEE, M.D., and the Commonwealth of Pennsylvania Medical Professional Liability Catastrophe Loss Fund, Appellees.

Supreme Court of Pennsylvania.

Decided December 22, 2004.


Attorney(s) appearing for the Case

Kenneth Dean Chestek, Erie, for Lorraine Paternaster.

Guy Anthony Donatelli, Maureen McBride, West Chester, for Com. of PA, Medical Professional Liability Catastrophe Loss Fund.

BEFORE: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.


OPINION OF THE COURT

Justice NIGRO.

Appellant Lorraine Paternaster, as administratrix for the estate of Damon Paternaster, appeals from the order of the Commonwealth Court denying her motion for summary judgment and granting the motion for summary judgment filed by Appellee, the Commonwealth of Pennsylvania Medical Professional Liability Catastrophe Loss Fund (the "CAT Fund"). For the reasons that follow...

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