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TARANTINO v. ALLENTOWN ST. HOSP. ET AL.

No. 396 C.D. 1974.

16 Pa.Commw. 133 (1974)

Joseph M. Tarantino, Administrator of the Estate of Janice A. Tarantino, Deceased, Plaintiff, v. Allentown State Hospital and Commonwealth of Pennsylvania, Department of Public Welfare, Defendants.

Commonwealth Court of Pennsylvania.

December 19, 1974.

Attorney(s) appearing for the Case

Rodney D. Henry, for plaintiff.

Allen C. Warshaw, Deputy Attorney General, with him Lawrence Silver, Deputy Attorney General, and Israel Packel, Attorney General, for defendants.

Argued December 5, 1974, before Judges KRAMER, WILKINSON, JR. and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, December 19, 1974:

Plaintiff Joseph M. Tarantino, administrator of the estate of Janice A. Tarantino, deceased, has filed wrongful death and survival actions against the Commonwealth of Pennsylvania, the Department of Public Welfare and the Allentown State Hospital charging the defendants with negligent and improper treatment of his decedent at Allentown State Hospital. At issue are the defendants' preliminary objections grounded on sovereign...

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