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FESSENDEN v. ROBERT PACKER HOSP.

No. 1334 MDA 2013

97 A.3d 1225 (2014)

2014 PA Super 154

Richard G. FESSENDEN and Marlene Fessenden, Appellants v. ROBERT PACKER HOSPITAL, Guthrie Clinic Ltd., and David Herlan, M.D., Appellees.

Superior Court of Pennsylvania.

Filed July 23, 2014.

Reargument Denied September 25, 2014.

Attorney(s) appearing for the Case

John E. Lavelle , Garden City, NY, for appellants.

Eugene P. Feeney , Scranton, for appellees.

BEFORE: LAZARUS, J., WECHT, J., and MUSMANNO, J.

OPINION BY WECHT, J.:

Richard and Marlene Fessenden ("the Fessendens") appeal the June 24, 2013 order granting summary judgment in favor of Robert Packer Hospital, Guthrie Clinic Ltd., and David Herlan, M.D. (collectively "Appellees"). For the reasons set forth below, we reverse.

On August 13, 2004, Richard Fessenden ("Fessenden") underwent an esophagogastrectomy1 at Robert Packer Hospital. The procedure was performed by David...

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