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DIMARCO v. LYNCH HOMES-CHESTER COUNTY

525 Pa. 558 (1990)

583 A.2d 422

Joseph R. DIMARCO, v. LYNCH HOMES — CHESTER COUNTY, INC., Lynch Homes, Inc., Leonard C. Giunta, D.O., Lawrence K. Alwine, D.O., and Chester County Medical Associates, Appeal of Leonard C. GIUNTA, D.O. and Lawrence K. Alwine, D.O. and Chester County Medical Associates.

Supreme Court of Pennsylvania.

Decided November 29, 1990.

Attorney(s) appearing for the Case

James M. Penny, Jr., Maureen H. McCullough, Philip M. Colicchio, Charles B. Burr, Philadelphia, for appellants.

Edward T. Feierstein, Philadelphia, for Joseph R. DiMarco.

David L. Brown, Kean K. McDonald, Philadelphia, for Lynch Homes-Chester County, Inc., and Lynch Homes.

Peter C. Gardner, Philadelphia, for amicus-Pa. Trial Lawyers Assoc.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

LARSEN,* Justice.

This appeal presents the issue of whether a physician owes a duty of care to a third party where the physician fails to properly advise a patient who has been exposed to a communicable disease, and the patient, relying upon the advice, spreads the disease to the third party.

On June 18, 1985, Janet Viscichini, a blood technician, went to the Lynch Home in Kimberton, Pennsylvania, to take a blood sample from one...

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