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Hamot Medical Center v. Medical Care Availability and Reduction of Error Fund

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT


May 30, 2012

HAMOT MEDICAL CENTER, APPELLANT
v.
MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR FUND, APPELLEE

Appeal from the Order of the Commonwealth Court at No. 299 MD 2010 dated 12/23/10

Per curiam.

[J-105A-2011]

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

ORDER

AND NOW, this 29th day of May, 2012, the order of the Commonwealth Court is REVERSED, and the matter is remanded for judgment in favor of Appellant. See Yussen v. MCARE Fund, ___ Pa. ___, ___ A.3d ___ (2012).

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

Mr. Justice Eakin files a dissenting statement in which Mr. Chief Justice Castille joins.

[J-105A-2011]

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

HAMOT MEDICAL CENTER, Appellant v. MEDICAL CARE AVAILABILITY AND REDUCTION OF ERROR FUND, Appellee

No. 10 MAP 2011

Appeal from the order of Commonwealth Court at No. 299 MD 2010 dated 12-23-2010.

ARGUED: November 29, 2011

DISSENTING STATEMENT

MR. JUSTICE EAKIN

FILED: May 30, 2012

As the disposition in this case is based on the opinion in Yussen v. MCARE Fund, ___ A.3d ____ (2012), to which I dissented, I respectfully dissent, for the same reasons, to the reversal of the Commonwealth Court's order in this matter.

Mr. Chief Justice Castille joins this dissenting statement.

20120530

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