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MICHAEL PATRONICK v. COMMONWEALTH PENNSYLVANIA (11/19/81)

decided: November 19, 1981.

MICHAEL PATRONICK, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, ARBITRATION PANEL FOR HEALTH CARE, RESPONDENT



Appeal from the Order of the Administrator of the Arbitration Panels for Health Care in case of Michael Patronick v. Moses Taylor Hospital and Elihu Friedmann, M.D., No. M78-0801.

COUNSEL

James A. Burgess, Jr., for petitioner.

Timothy G. Lenahan, with him Kathleen A. Lenahan, Lenahan & Dempsey, for respondent, Moses Taylor Hospital.

Paul A. Barrett, Nogi, O'Malley & Harris, P.C., for respondent, Dr. Elihu Friedmann.

Judges Mencer, Rogers and Williams, Jr., sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 62 Pa. Commw. Page 440]

Michael Patronick filed a complaint with the Arbitration Panels for Health Care seeking damages on account of injuries caused by negligent treatment of his left thumb by Moses Taylor Hospital and Elihu Friedmann, M.D. Moses Taylor Hospital served interrogatories on Patronick and there ensued a series of filings which culminated in the entry by the Administrator of the Arbitration Panels for Health Care of a judgment of non pros. against Patronick and in favor of both the Hospital and Dr. Friedmann.

Patronick has here appealed the final order of the Administrator made November 30, 1979 denying the prayer of Patronick's petition to open the judgment. The question before us is that of whether the Administrator committed an abuse of discretion in refusing to open the judgment of non pros. We believe that he did not; and will therefore affirm his order.

The record shows the following:

On November 15, 1978, Patronick filed his complaint with the Arbitration Panels for Health Care.

On March 29, 1979, preliminary objections having been disposed of, Moses Taylor Hospital filed and duly served Patronick with the following interrogatories:

'1. State in detail each and every fact known to you which would support your allegations contained in Paragraphs 6a through q of your ...


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