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BELL v. WESTERN PENNSYLVANIA HOSPITAL

293 Pa.Super. 37 (1981)

437 A.2d 978

Raymond R. BELL and Regis R. Bell and June Bell, Parents of Raymond R. Bell v. The WESTERN PENNSYLVANIA HOSPITAL, Peter J. Kyne, M.D. and Jeannette Kyllonen and Pittsburgh National Bank, Executors. Appeal of: Peter J. KYNE, M.D. at No. 330. Appeal of: The WESTERN PENNSYLVANIA HOSPITAL at No. 372. Appeal of: Jeannette KYLLONEN and Pittsburgh National Bank, Executors at No. 395.

Superior Court of Pennsylvania.

Filed November 30, 1981.

Petition for Allowance of Appeal Denied March 1, 1982.

Attorney(s) appearing for the Case

John W. Jordan, IV, Pittsburgh, for Kyne, appellant at No. 330 and for appellee at Nos. 373 & 395.

John A. Tumolo, Pittsburgh, for Bell, appellees.

George M. Weis, Pittsburgh, for The Western, appellant at No. 372 and for appellee at Nos. 330 & 395.

James A. Wood, Pittsburgh, for Kyllonen, etc., appellants at No. 395 and for appellees at Nos. 330 & 372.

Before HESTER, BROSKY and VAN der VOORT, JJ.

HESTER, Judge:

Presently before the court are appellants' consolidated appeals from that part of the court's order dated April 1, 1980, wherein the Court en banc granted appellee Bell's motion for new trial.

We affirm.

The relevant facts may be summarized as follows. On November 30, 1975, appellee Raymond R. Bell fractured the distal third of the femoral shaft of his left leg in a motorcycle accident...

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