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Jeanelle Antionette Toney v. Chester County Hospital

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT


December 22, 2011

JEANELLE ANTIONETTE TONEY,
v.
CHESTER COUNTY HOSPITAL, THE CHESTER COUNTY HOSPITAL FOUNDATION, INC. MAHEEP GOYAL, M.D., EAST MARSHALL STREET PENNSYLVANIA D/B/A THE UNIVERSITY OF PENNSYLVANIA HEALTH SYSTEM A/K/A THE CLINICAL PRACTICES OF THE UNIVERSITY OF PENSYLVANIA A/K/A HOSPITAL OF THE UNIVERSITY OF PENNSYLVANIA, AND THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA APPEAL OF: CHESTER COUNTY HOSPITAL AND CHESTER COUNTY HOSPITAL FOUNDATION, INC., JEANELLE ANTIONETTE TONEY
v.
CHESTER COUNTY HOSPITAL, THE CHESTER COUNTY HOSPITAL FOUNDATION, INC. MAHEEP GOYAL, M.D., EAST MARSHALL STREET PENNSYLVANIA D/B/A THE UNIVERSITY OF PENNSYLVANIA HEALTH SYSTEM A/K/A THE CLINICAL PRACTICES OF THE UNIVERSITY OF PENSYLVANIA A/K/A HOSPITAL OF THE UNIVERSITY OF PENNSYLVANIA, AND THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA APPEAL OF: MAHEEP GOYAL, M.D., THE UNIVERSITY OF PENNSYLVANIA D/B/A THE UNIVERSITY OF PENNSYLVANIA HEALTH SYSTEM A/K/A THE CLINICAL PRACTICES OF THE UNIVERSITY OF PENNSYLVANIA A/K/A HOSPITAL OF THE UNIVERSITY OF PENNSYLVANIA, AND THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA

Appeal from the Order of the Superior Court at No. 1191 EDA 2007 striking the application for reargument dated 12/2/08 of the order dated 11/12/08 reversed in part/affirmed in part and remanding the order of Chester County order at No. 05-RADIOLOGY, THE UNIVERSITY OF

The opinion of the court was delivered by: Mr. Chief Justice Castille

[J-7-2010]

ARGUED: March 10, 2010

Appeal from the Order of the Superior Court at No. 1191 EDA 2007 striking the application for reargument dated 12/2/08 of the order dated 11/12/08 reversed in part/affirmed in part and remanding the order of Chester County order at No. 05-RADIOLOGY, THE UNIVERSITY OF 961 A.2d 192 (Pa. Super. 2008)

ARGUED: March 10, 2010

05122 dated 4/19/07 05122 dated 4/19/07

OPINION IN SUPPORT OF REVERSAL

I join Mr. Justice Saylor's Opinion in Support of Reversal, save for the first paragraph of the expression, which adverts to Justice Saylor's Dissenting Opinion in Freed v. Geisinger Med. Ctr., 5 A.3d 212, 228 (Pa. 2010). See Opinion in Support of Reversal Slip Op., Saylor, J., at 1. I wrote separately in Freed and there, as elsewhere, I have expressed a view concerning procedural matters in these cases which is not entirely aligned with the views of my erudite colleague. On the substantive question presented in this case, however, where the Justices favoring affirmance would determine, as a matter of policy, to innovate new liabilities in tort for health care providers, I am entirely in accord with Justice Saylor's views.

20111222

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