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MARCUS v. FRANKFORD HOSPITAL (10/12/71)

decided: October 12, 1971.

MARCUS
v.
FRANKFORD HOSPITAL, APPELLANT



Appeal from judgment of Court of Common Pleas, Trial Division, of Philadelphia, Sept. T., 1964, No. 4357, in case of Rochelle Marcus, a minor, by her parents and guardians Morris Marcus and Esther Marcus, in their own right v. Frankford Hospital and Lucy Hartman.

COUNSEL

John R. Warner, with him Marshall, Dennehey & Warner, for appellant.

Samuel J. Marks, with him Marks and Marks, for appellees.

Bell, C. J., Jones, Cohen, Eagen, O'Brien, Roberts and Pomeroy, JJ. Mr. Justice Cohen took no part in the decision of this case. Opinion in Support of the Order by Mr. Justice Pomeroy. Mr. Justice Eagen and Mr. Justice O'Brien join in this opinion. Opinion in Support of Judgment n.o.v. By Mr. Justice Roberts. Mr. Chief Justice Bell and Mr. Justice Jones join in this opinion in support of judgment n.o.v.

Author: Per Curiam

[ 445 Pa. Page 208]

The Court being equally divided, the judgment of the court below is affirmed.

Disposition

Judgment affirmed.

Opinion in Support of the Order by Mr. Justice Pomeroy:

At issue in this appeal is the refusal of the court below to grant the motions of the defendant Frankford

[ 445 Pa. Page 209]

Hospital for judgment n.o.v. and for a new trial following the return of a jury verdict in the sum of $11,000 in favor of the plaintiffs, Rochelle Marcus, a minor, and her parents.

The facts of the case are as follows: In 1964 Miss Marcus, then fourteen years of age, answered an advertisement placed in a local newspaper by the American Red Cross for volunteer hospital aides, commonly known as "candy-stripers". Miss Marcus was interviewed by workers for the Red Cross; in the course of that interview she indicated her preference as a volunteer was for child service or office work. After obtaining her parents' written permission and a certificate of good health from her family doctor, she was assigned by the Red Cross to the volunteer program conducted by Frankford Hospital. Together with other volunteers, she was given a two-day course of training and orientation by the hospital which consisted, inter alia, of lectures, demonstrations in giving out meals and flowers and making beds occupied by patients, and a tour through the hospital. Under the Frankford Hospital volunteer program, aides were not permitted to work in the departments of pediatrics and obstetrics or the emergency, accident or operating rooms.

Following the completion of her orientation, Miss Marcus worked at the hospital on three nonconsecutive days from 9:00 a.m. to 2:00 p.m. On those days, she performed routine volunteer services in the men's and women's surgical wards -- reading mail to patients, filling water pitchers, giving out flowers, changing unoccupied beds and accompanying patients to the discharge desk. On her third day of work at approximately 11:00 a.m., Miss Marcus was asked by a nurse to help her and a second nurse with an elderly male patient. Miss Marcus was asked ...


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