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SANDRA HATTER AND MICHAEL HATTER v. DR. MARC LANDSBERG (08/16/89)

filed: August 16, 1989.

SANDRA HATTER AND MICHAEL HATTER, H/W, APPELLANTS,
v.
DR. MARC LANDSBERG



Appeal from the Order Entered June 29, 1988, in the Court of Common Pleas of Philadelphia County, Civil Division, at No. 3335 Nov. 1983. Appeal from the Order Entered September 2, 1988, in the Court of Common Pleas of Philadelphia County, Civil Division, No. 3335 Nov Term 1983.

COUNSEL

Thaddeus J. Bartkowski, II, Philadelphia, for appellants.

Leslie A. Miller, Philadelphia, for appellee.

Robert B. Hoffman, Harrisburg, filed a brief on behalf of amicus curiae.

Cirillo, President Judge, and Cavanaugh and Hester, JJ.

Author: Hester

[ 386 Pa. Super. Page 440]

Sandra and Michael Hatter appeal from the order entered by the Philadelphia Court of Common Pleas on June 9, 1988, granting summary judgment to appellee, Dr. Marc Landsberg, and dismissing their complaint. Appellants contend that the trial court erred in dismissing their complaint by misconstruing and misapplying 42 Pa.C.S. § 8305, enacted March 25, 1988, which abolishes causes of action for wrongful birth and wrongful life, and by not permitting them to amend their complaint. We reverse.

Appellee initially argues that we should quash this appeal pursuant to Pa.R.A.P. 2101 for appellants' failure to include a statement of jurisdiction and the text of the order appealed from in disregard of Pa.R.A.P. §§ 2111, 2114 and 2115. We exercise our discretion by declining to take such action in view of the seriousness of the issues involved and since effective appellate review is not precluded by these deficiencies. See Bolus v. United Penn Bank, 363 Pa. Super. 247, 267 n. 2, 525 A.2d 1215, 1225 n. 2 (1987); Commonwealth v. Rose, 265 Pa. Super. 159, 166 n. 6, 401 A.2d 1148, 1152 n. 6 (1979); Pa.R.A.P. 105.

We now turn to the merits. A motion for summary judgment is governed by Pa.R.C.P. 1035 which, in pertinent part, provides:

The judgment sought shall be rendered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

The Pennsylvania Supreme Court recently stated:

[I]n considering a motion for summary judgment, the lower court must examine the whole record, including the pleadings, any depositions, any answers to interrogatories, admissions of record, if any, and any affidavits filed by the parties. From this thorough examination the

[ 386 Pa. Super. Page 441]

    lower court will determine the question of whether there is a genuine issue as to any material fact. On this critical question, the party who brought the motion has the burden of proving that no genuine issue of fact exists. All doubts as to the existence of a genuine issue of a material fact are to be resolved against the granting of summary judgment. Thompson Coal Co. v. Pike Coal Co., 488 Pa. 198, 412 A.2d 466 (1979); Goodrich-Amram, [2d], § 1035(b): 3, p. 432.

Penn Center House, Inc. v. Hoffman, 520 Pa. 171, 175-76, 553 A.2d 900, 903 (1989); see also Overly v. Kass, 382 Pa. ...


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