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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 FOUNDATION, INC., MAHEEP GOYAL, M.D., EAST MARSHALL STREET RADIOLOGY, 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 OF: CHESTER COUNTY HOSPITAL AND CHESTER COUNTY HOSPITAL FOUNDATION, INC. JEANELLE ANTIONETTE TONEY
v.
CHESTER COUNTY HOSPITAL AND FOUNDATION, INC., MAHEEP GOYAL, M.D., EAST MARSHALL STREET RADIOLOGY AND 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 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 12-02-CHESTER COUNTY HOSPITAL Reversing in Part/Affirming in Part and Remanding the Order of Chester County at No. 05-05122 dated 4-19-2007

Per curiam.

[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 12-02-THE CHESTER COUNTY HOSPITAL Reversed in part/Affirming in part and Remanding the Order of Chester County at No. 05-05122 dated 04-19-2007 961 A.2d 192 (Pa. Super. 2008)

ARGUED: March 10, 2010

2008 of the Order dated 11-12- 2008 2008 of the Order dated 11-12-2008

ORDER

AND NOW, this 22nd day of December, 2011, the Court being equally divided, the Order of the Superior Court is AFFIRMED.

Madame Justice Orie Melvin did not participate in the consideration or decision of this case.

Mr. Justice Baer files an opinion in support of affirmance in which Madame Justice Todd and Mr. Justice McCaffery join.

Madame Justice Todd files an opinion in support of affirmance.

Mr. Chief Justice Castille files an opinion in support of reversal.

Mr. Justice Saylor files an opinion in support of reversal in which Mr. Justice Eakin joins.

20111222

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