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APICELLA v. VALLEY FORGE MILITARY ACADEMY & JUNIOR

August 27, 1985

APICELLA, JERRY, APICELLA, VALERIE, APICELLA, JOHN, Plaintiffs
v.
VALLEY FORGE MILITARY ACADEMY AND JUNIOR COLLEGE, MCKINLEY, John D., SICOLI, Roger T., DERBY, R.N., Yvonne, IMPERATO, Carolyn and BALLARD, M.D., Ian M., Defendants



The opinion of the court was delivered by: SHAPIRO

SHAPIRO, J.

 MEMORANDUM AND ORDER

 Plaintiffs Valerie and John Apicella as the parents of Jerry Apicella and Jerry Apicella on his own behalf, brought suit against defendants Valley Forge Military Academy and Junior College ("Valley Forge"), John D. McKinley, a physician's assistant in charge of the Health Center at Valley Forge, Roger T. Sicoli, an administrations officer at Valley Forge, Yvonne Derby, a registered nurse working in the Health Center at Valley Forge, Carolyn Imperato, a nursing assistant at the Health Center, and Ian M. Ballard, M.D., a private physician who served as school physician for Valley Forge at all times relevant to this action. All of the defendants have moved for a judgment on the pleadings and defendant Dr. Ballard has filed a motion for summary judgment. This court has jurisdiction of this matter under 28 U.S.C. § 1332.

 Plaintiffs claim that Valley Forge and its employees were negligent in their care of Jerry Apicella. The parents seek to recover for the medical expenses they incurred due to the defendants' alleged negligence and for loss of consortium.

 Defendants assert three grounds for granting their motions:

 1) plaintiffs have failed to assert their claims within the two year statute of limitations in effect at the time the incident occurred;

 2. plaintiffs are estopped by a release signed by John and Valerie Apicella;

 3. the remaining diversity claim for a tuition refund does not satisfy the requisite jurisdictional amount.

 On August 30, 1982, Jerry Apicella received medication from defendant McKinley at the infirmary. On September 2, 6, 11, 12 and 13 of 1982, Jerry Apicella went to the infirmary. The parties agree that Jerry Apicella was at the infirmary on these days; however, the number of visits to the infirmary on these days, his condition, and the treatment received are in dispute. On September 15, 1982, Jerry Apicella left Valley Forge. Although the circumstances of his leaving are in dispute, the facts material to the issues before the court are undisputed.

 Discussion

 The incidents which gave rise to plaintiffs' claims took place from August 29, 1982 to September 15, 1982. At the time the cause of action arose and when the case was filed, the statute of limitations for personal injury claims was two years; 42 Pa.C.S.A. § 5524. In 1982, 42 Pa.C.S.A. § 5533 provided that:

 
"Except as otherwise provided by statute, infancy, insanity or imprisonment does not extend the time limited by this subchapter ...

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