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McCOOL v. DEPARTMENT OF CORRECTIONS

No. 1882 C.D. 2008

984 A.2d 565 (2009)

John Robert McCOOL, Appellant v. DEPARTMENT OF CORRECTIONS of the Commonwealth of Pennsylvania, and its Agents, Jeffrey Beard; Catherine McVey and Donald Skunda.

Commonwealth Court of Pennsylvania.

Amended October 28, 2009.

Decided July 29, 2009.

Attorney(s) appearing for the Case

John Robert McCool, appellant, pro se.

Kemal Alexander Mericli, Sr. Deputy Attorney General, Pittsburgh and John G. Knorr, III, Chief Deputy Attorney General, Harrisburg, for respondents.

BEFORE: McGINLEY, Judge, and LEAVITT, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Judge LEAVITT.

John Robert McCool, an inmate at the State Correctional Institution at Forest (SCI-Forest), appeals an order of the Court of Common Pleas of the 37th Judicial District (Forest County Branch) (trial court) that dismissed his medical malpractice complaint on grounds of sovereign immunity and failure to state a cause of action. We affirm, albeit on grounds additional to those relied upon by the trial court.

In his complaint, McCool alleged...

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