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ALBERT S. GROSSI v. PRESBYTERIAN-UNIVERSITY HOSPITAL (08/13/82)

SUPERIOR COURT OF PENNSYLVANIA


filed: August 13, 1982.

ALBERT S. GROSSI, EXECUTOR OF THE ESTATE OF MARIE G. GROSSI, DECEASED, APPELLANT,
v.
PRESBYTERIAN-UNIVERSITY HOSPITAL, A CORPORATION; DERNATEL, INC., A FOREIGN CORPORATION, DOING BUSINESS IN PENNSYLVANIA; HOW MEDICA, INC., A FOREIGN CORPORATION, DOING BUSINESS IN PENNSYLVANIA

Appeal No. 1632 April Term 1978, from the Order of the Court of Common Pleas of Allegheny County, Civil Action No. GD 78-19543; Flaherty, Judge.

COUNSEL

Jeffrey J. Bernstein, Pittsburgh, for appellant.

John W. Jordan, Pittsburgh, for Presbyterian, appellee.

Susan Richard, Pittsburgh, for Dernatel and How Medica, appellees.

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

Author: Per Curiam

[ 303 Pa. Super. Page 314]

This is an appeal from an order in which the court below dismissed the complaint on the ground that exclusive original jurisdiction was in the Arbitration Panels for Health Care. 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. Cappriotti, 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,

[ 303 Pa. Super. Page 315429]

A.2d 438 (1981); see Firich v. American Cystoscope Makers, Inc., 635 A.2d 259, 261 (3rd Cir. 1980).

Order reversed, complaint reinstated, and case remanded for trial.

19820813

© 1998 VersusLaw Inc.



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