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HARRY BUDZICHOWSKI AND JULIA BUDZICHOWSKI v. BELL TELEPHONE COMPANY PENNSYLVANIA (05/14/82)

filed: May 14, 1982.

HARRY BUDZICHOWSKI AND JULIA BUDZICHOWSKI, H/W, APPELLANTS,
v.
THE BELL TELEPHONE COMPANY OF PENNSYLVANIA, MELVIN J. CHISUM, M.D., PETER J. DEVINE, M.D. AND WILLIAM L. DYSON, M.D., DANIEL PISAVO, D.O., PARTICIPATING PARTY, LEONARD CAMINITZ, D.O., PARTICIPATING PARTY



NO. 2299 PHILADELPHIA, 1980, Appeal from the Order of the Court of Common Pleas of Philadelphia County, Civil Division at No. 2347 November Term, 1976.

COUNSEL

George F. Schoener, Jr., Philadelphia, for appellants.

John J. Leonard, Philadelphia, for Bell Telephone, Chisum, and Devine, appellees.

William F. Sutton, Philadelphia, for Dyson, appellee.

William V. Coleman, Philadelphia, for Pisavo, participating party.

Jay J. Lambert, Philadelphia, for Caminitz, participating party.

Spaeth, Beck and Lipez, JJ.

Author: Beck

[ 299 Pa. Super. Page 394]

This appeal arises from a September 12, 1980 order granting appellees' motion for summary judgment. Appellant-husband, Harry Budzichowski, fell December 9, 1974 when he was attacked by a dog while on the job as a telephone installer. He reported to appellees Melvin J. Chisum, M.D. ("Chisum") and Peter J. Devine, M.D. ("Devine") who were employed by appellee Bell Telephone Company of Pennsylvania ("Bell") in its medical dispensary. Appellee doctors diagnosed appellant's injury as "hip strain" and possible "inguinal strain." The doctors gave appellant muscle relaxers, and he reported back to work.

In August, 1975, appellant consulted an orthopedic surgeon, who was not affiliated with Bell. That surgeon took x-rays and informed appellant that they revealed "aseptic necrosis" in the right femoral head. Plaintiff underwent a bone graft on his right femur.

Appellants, Henry and Julia Budzichowski, filed a complaint in trespass to recover personal injuries incurred by Harry Budzichowski when defendant doctors negligently diagnosed injuries resulting from a work-related incident. They named the two doctors and Bell Telephone as defendants.*fn1

The three defendants filed a motion for summary judgment alleging that: 1) Chisum and Devine are full-time employees of Bell and ...


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