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MARY ANN GANZY AND ROBERT GANZY v. CHARLES A. PROVAN (06/04/82)

SUPERIOR COURT OF PENNSYLVANIA


filed: June 4, 1982.

MARY ANN GANZY AND ROBERT GANZY, HER HUSBAND, APPELLEES,
v.
CHARLES A. PROVAN, M.D. AND SEARLE & COMPANY, A DIVISION OF G. D. SEARLE & COMPANY, A CORPORATION, APPELLANTS. APPEAL OF SEARLE & COMPANY (AT NO. 1385). APPEAL OF CHARLES A. PROVAN, M.D. (AT NO. 1404)

Appeal Nos. 1385 & 1404 April Term 1978, from the Order of the Court of Common Pleas of Allegheny County, Civil Division, No. G.D. 78-15750; McKenna, Judge.

COUNSEL

Gerald J. Hutton, Pittsburgh, for appellants.

John W. Jordan, IV, Pittsburgh, for appellees.

Cercone, President Judge, and Montgomery and Lipez, JJ.

Author: Per Curiam

[ 300 Pa. Super. Page 260]

This is an appeal from an order in which the lower court transferred the case to the Arbitration Panels for Health Care on the ground that the Arbitration Panels had exclusive original jurisdiction. In light of our Supreme Court's decision in Mattos v. Thompson, 491 Pa. 385, 421 A.2d 190 (1980), the order must be reversed, and the case remanded for trial. Spruk v. United Laboratories of Cleveland, 290 Pa. Super.Ct. 74, 434 A.2d 136 (1981); Ehritz v. Capriotti, 288 Pa. Super.Ct. 265, 431 A.2d 1040 (1981); Gallagher v. Caliguiri, 287 Pa. Super.Ct. 250, 429 A.2d 1195 (1981); Smith v. Barclay, 286 Pa. Super.Ct. 510, 429 A.2d 438 (1981); see Firich v. American Cystoscope Makers, Inc., 635 F.2d 259, 261 (3rd Cir. 1980).

Order reversed, and case remanded for trial.

19820604

© 1998 VersusLaw Inc.



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