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JULIE SCHUETZ v. ALAN H. GOLDBERG (11/08/89)

filed: November 8, 1989.

JULIE SCHUETZ, A MINOR, BY AND THROUGH HER PARENTS AND GUARDIANS, MARK AND JUDY DOMANICO & MARK AND JUDY DOMANICO, IN THEIR OWN RIGHT, APPELLANTS,
v.
ALAN H. GOLDBERG, M.D., MARIO A. ERCOLE, M.D., QUAKERTOWN COMMUNITY HOSPITAL, THE ALLIANCE FOR CREATIVE DEVELOPMENT, PHYLLIS SHUHLER, M.D., FAMILY HEALTH CARE CENTER, DAVID L. SCASTA, M.D., AND RUTH N. RYAN, RN, MSN, APPELLEES. JULIE SCHUETZ, A MINOR, BY AND THROUGH HER PARENTS AND GUARDIANS, MARK AND JUDY DOMANICO & MARK AND JUDY DOMANICO, IN THEIR OWN RIGHT, APPELLANTS, V. SANDRA L. BLOOM, M.D., ROBERT WIEMAN, PH.D., MAGDALENE WILTZ, M.D., SUSAN N. AU, M.D., FREDDIE HILLMAN, M.D., PAUL MARION, M.D., AND MORRIS LEVIN, M.D., APPELLEES



Appeal Nos. 1868 and 1869 Philadelphia 1988, from the Order of the Court of Common Pleas of Montgomery County; Civil Division No. 86-16986 & 87-05282; DAVENPORT, Judge.

COUNSEL

Jonathan D. Bennett, Philadelphia, for appellants (at 1868 and 1869).

Christine M. Mooney, Philadelphia, for Goldberg, appellee (at 1868).

David Arnold, Norristown, for Family Health Care, appellee (at 1868).

Ralph L. Hose, Ardmore, for Levin, appellee (at 1869).

Olszewski, Beck and Johnson, JJ.

Author: Per Curiam

[ 392 Pa. Super. Page 449]

Appeal quashed. Jurisdiction relinquished.

Disposition

Appeal quashed. Jurisdiction relinquished.

OLSZEWSKI, Judge, dissenting:

I respectfully dissent. Negligent infliction of emotional distress is a separate and distinct cause of action from medical malpractice; therefore, the trial court's order dismissing the claim for emotional distress is appealable. Consequently, I would not quash this appeal.

I agree with the majority that the case at bar is controlled by Praisner v. Stocker, 313 Pa. Super. 332, 459 A.2d 1255 (1983), and Cloverleaf Development v. Horizon Financial F.A., 347 Pa. Super. 75, 500 A.2d 163 (1985); I disagree, however, with the ...


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