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CARONIA v. GREENFEDER ET AL.

No. 30 T.D. 1976.

30 Pa.Commw. 337 (1977)

Brazos Caronia, Plaintiff v. Herbert Greenfeder et al., Defendants. Philadelphia State Hospital, Additional Defendant.

Commonwealth Court of Pennsylvania.

May 27, 1977.

Attorney(s) appearing for the Case

Benedict A. Casey, with him Beasley, Hewson, Casey, Colleran and Stopford, for plaintiff.

Lise Luborsky, with her Earl T. Britt, and Duane, Morris & Heckscher, for defendant.

Stanley I. Slipakoff, Assistant Attorney General, with him Michael von Moschzisker, Deputy Attorney General, and Robert P. Kane, Attorney General, for additional defendant.

Argued April 4, 1977, before Judges CRUMLISH, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., May 27, 1977:

While crossing Roosevelt Boulevard, Brazos Caronia (Plaintiff), a patient at Philadelphia State Hospital (Hospital), was struck by an automobile driven by Lee Steven Greenfeder (Defendant). Defendant contends that Plaintiff was allowed to leave the Hospital grounds unattended, although he was mentally deficient at the time, which constituted gross negligence by Hospital's employees and agents. Defendant joined Hospital...

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