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HUGH CARROLL v. MURRAY H. KIMMEL (04/23/87)

filed: April 23, 1987.

HUGH CARROLL, JUSTICE AD LITEM FOR THE ESTATE OF RITA CARROLL, DECEASED, ON BEHALF OF ALL PERSONS ENTITLED TO SHARE IN DAMAGES, APPELLANT,
v.
MURRAY H. KIMMEL, M.D., APPELLEE



Appeal from the order of the Court of Common Pleas of Philadelphia County, Civil Division, No. 2525 December Term 1980. Before DELLAPORTA, J.

COUNSEL

Neil E. Jokelson, Philadelphia, for appellant.

John H. McKeon, Jr., Philadelphia, for appellee.

Cavanaugh, Olszewski and Montemuro, JJ.

Author: Olszewski

[ 362 Pa. Super. Page 434]

This is an appeal from the entry of a judgment of non pros*fn1 against appellant Hugh Carroll as trustee ad litem for the estate of Rita Carroll. Appellant claims the trial court erred in granting a judgment of non pros in favor of appellee, Dr. Murray H. Kimmel. We disagree with appellant and consequently affirm the judgment.

The following chronology is drawn from the record and the uncontested facts in the briefs:

February 27, 1978 -- Rita Carroll dies.

February 28, 1980 -- Plaintiff-trustee files a notice complaint with the arbitration panels for health care claiming appellee, Dr. Kimmell, "has committed torts causing injury and death to Rita Carroll, resulting from the furnishing of medical services which were or should have been provided." (R.R. 1a).

April 1, 1980 -- Counsel for appellee enters an appearance.

April 9, 1980 -- Appellee files a rule to file a complaint.

April 23, 1980, and May 19, 1980 -- Appellee grants two twenty-day extensions in which appellant is to file a complaint.

July 3, 1980; August 8, 1980; August 11, 1980; October 30, 1980 -- Courtesy letters exchanged between counsel focusing on appellant's failure/inability to review the case.

October 27, 1980 -- Appellee files an election of jurisdiction pursuant to Pa.R.Civ.P. 213(f) to transfer the case from arbitration to the Court of Common Pleas of Philadelphia County.

November 11, 1980 -- Appellant sends a courtesy letter stating he will "promptly advise" appellee of his intent to proceed.

November 28, 1980 -- The case is transferred to the Court of Common Pleas of Philadelphia County.

[ 362 Pa. Super. Page 435]

December 17, 1980 -- Appellant sends letter to appellee explaining that he had not yet received and ...


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