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KIM v. HEINZENROETHER

No. 2265 C.D. 1977.

37 Pa.Commw. 328 (1978)

Chul Kim, M.D., Petitioner v. Estate of Elizabeth G. Heinzenroether by Robert R. Heinzenroether, Executor, Respondent.

Commonwealth Court of Pennsylvania.

August 25, 1978.

Attorney(s) appearing for the Case

Jerome W. Kiger, with him Dennis A. Watson, and Grogan, Graffam, McGinley & Solomon, for petitioner.

P. Andrew Diamond, with him William E. Stockey, for respondent.

Argued May 2, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE.

OPINION BY PRESIDENT JUDGE BOWMAN, August 25, 1978:

This particular proceedings is a by-product of a survival action initiated by the executor of the respondent's estate against the petitioner, Chul Kim, M.D., upon allegation that the petitioner had acted negligently in the treatment of the decedent, Elizabeth G. Heinzenroether, thereby causing her to sustain serious injury to her arm.

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