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WERNER ET AL. v. PennDPW.

No. 83 T.D. 1986.

109 Pa.Commw. 134 (1987)

530 A.2d 1004

Charles Werner, an incompetent, by his parent and natural guardian Odette Werner, and Odette Werner in her own right, Appellants v. Commonwealth of Pennsylvania, Department of Public Welfare, Appellee.

Commonwealth Court of Pennsylvania.

Argued June 9, 1987.

Attorney(s) appearing for the Case

Gregory G. Stagliano, with him, Barbara W. Thompson, Eckell, Sparks, Levy, Auerbach & Monte, for appellant.

Celeste Yvonne Lamb, Deputy Attorney General, with her, LeRoy S. Zimmerman, for appellee.

Before President Judge CRUMLISH, JR., and Judge COLINS, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., September 3, 1987:

Charles Werner and his mother, Odette Werner, plaintiffs below, appeal a Delaware County Common Pleas Court order denying their motion for a new trial following a jury verdict in favor of the Commonwealth's Department of Public Welfare (DPW). We affirm.

Charles Werner, a psychiatric patient at Haverford State Hospital, committed self-mutilation by removing his eye with a blunt stick several hours...

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