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JOSEPH SCULLION v. GYNOB (03/27/86)

SUPREME COURT OF PENNSYLVANIA


decided: March 27, 1986.

JOSEPH SCULLION, A MINOR, BY AND THROUGH HIS PARENTS AND NATURAL GUARDIANS, JANET SCULLION AND ROBERT SCULLION, AND JANET SCULLION AND ROBERT SCULLION, IN THEIR OWN RIGHT,
v.
GYNOB, LTD., A.W. CORCORAN, M.D. (RESPONDENT) AND BERNARD J. RILEY, M.D., V. ST. FRANCIS GENERAL HOSPITAL, A CORPORATION, AND J.W. LOFTIS, M.D., PETITIONERS

Petition No. 65 W.D. Misc. Docket 1985 for Review of the Order of August 20, 1985 of the Superior Court at No. 1643 Miscellaneous Docket denying the Petition for Review of the Order of April 9, 1985 of the Court of Common Pleas of Allegheny County, Pennsylvania, Civil Division, at No. 79-28187.

Nix, C.j., and Flaherty, Hutchinson, Zappala and Papadakos, JJ. Larsen and McDermott, JJ., did not participate in the consideration or decision of this matter. Zappala, J., files a dissenting statement in which Nix, C.j., joins.

Author: Per Curiam

[ 509 Pa. Page 619]

ORDER OF COURT

AND NOW, this 27th day of March, 1986, the Petition for Review is denied as interlocutory.

ZAPPALA, Justice, dissenting.

I dissent. I would grant the petition for review and reverse the order of the Allegheny County Court of Common Pleas.

The record is devoid of any evidence which would establish a reasonable basis for permitting the joinder of an additional defendant more than five (5) years after service upon the original defendant. Examination of the record before the Court demonstrates an absolute abuse of discretion by the lower court in permitting the joinder.

Furthermore, the lower court's conclusion that the Petitioners would not be prejudiced by the joinder is belied by the record itself. The record indicates that the Petitioners' motion for summary judgment against the plaintiffs in the present action was granted because the statute of limitations had run prior to commencement of the litigation.

[ 509 Pa. Page 620]

Joinder will nevertheless expose Petitioners to financial liability in the nature of the contribution.

19860327

© 1998 VersusLaw Inc.



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