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DEPARTMENT OF PUBLIC WELFARE v. SCHULTZ

855 A.2d 753 (2004)

DEPARTMENT OF PUBLIC WELFARE and Clarks Summit State Hospital, Appellees, v. Lena SCHULTZ, Individually and as Executrix of the Estate of Steven Schultz, Deceased, Appellant.

Supreme Court of Pennsylvania.

Decided August 18, 2004.

Attorney(s) appearing for the Case

Vincent Cimini, Scranton, Sal Cognetti, Jr., for Lena Schultz.

Paul A. Lauricella, David Adam Yanoff, James Edwin Beasley, Philadelphia, for Pennsylvania Trial Lawyers Association.

Calvin Royer Koons, Harrisburg, for Department of Public Welfare.

Before CAPPY, C.J., and CASTILLE, NIGRO, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice EAKIN.

Appellant, Lena Schultz, appeals from the order of the Commonwealth Court reversing the order of the trial court denying appellees' motion for judgment on the pleadings. We affirm.

Appellant's son Steven Shultz was an adult patient at Clarks Summit State Hospital. On the evening of January 4, 1999, he walked out of the hospital through an unlocked door when his attendant's attention was momentarily diverted. Despite...

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