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TONEY v. CHESTER COUNTY HOSP.

Nos. 60 MAP 2009, 61 MAP 2009.

36 A.3d 83 (2011)

Jeanelle Antionette TONEY v. CHESTER COUNTY HOSPITAL, the Chester County Hospital Foundation, Inc., Maheep Goyal, M.D., East Marshall Street Radiology, the University of Pennsylvania d/b/a the University of Pennsylvania Health System a/k/a the Clinical Practices of the University of Pennsylvania a/k/a Hospital of the University of Pennsylvania, and the Trustees of the University of Pennsylvania. Appeal of Chester County Hospital and Chester County Hospital Foundation, Inc. Jeanelle Antionette Toney v. Chester County Hospital and the Chester County Hospital Foundation, Inc., Maheep Goyal, M.D., East Marshall Street Radiology and the University of Pennsylvania d/b/a the University of Pennsylvania Health System a/k/a the Clinical Practices of the University of Pennsylvania a/k/a Hospital of the University of Pennsylvania, and the Trustees of the University of Pennsylvania. Appeal of Maheep Goyal, M.D., the University of Pennsylvania d/b/a the University of Pennsylvania Health System a/k/a the Clinical Practices of the University of Pennsylvania a/k/a Hospital of the University of Pennsylvania, and the Trustees of the University of Pennsylvania.

Supreme Court of Pennsylvania.

Decided December 22, 2011.

Attorney(s) appearing for the Case

Benjamin A. Post , Daniel Jay Rovner , Berwyn, Kristen JoAnn Loerch , Kristi Lynn Thomas , Philadelphia, Post & Post, L.L.C., Jessica Kelly Webb , for Chester County Hospital and the Chester County Hospital Foundation.

Robert B. Hoffman , Elizabeth Kreder McCoy , Eckert Seamans Cherin & Mellot, LLC, Harrisburg, for Appellant Amicus Curiae, Pennsylvania Medical Society.

Arthur B. Keppel , Charles A. Fitzpatrick , Rawle & Henderson, L.L.P., Philadelphia, for M. Goyal, MD; University of PA; Trustees of the University of PA.

Daniel Bencivenga , Stephen Edward Raynes , Philadelphia, Raynes McCarty, for Jeanelle Antionette Toney.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, JJ.

ORDER

PER CURIAM.

AND NOW, this 22nd day of December, 2011, the Court being equally divided, the Order of the Superior Court is AFFIRMED.

Justice ORIE MELVIN did not participate in the consideration or decision of this case.

Justice BAER files an opinion in support of affirmance in which Justice TODD and McCAFFERY join.

Justice TODD files an opinion in support of affirmance.

Chief Justice CASTILLE...

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