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MORRISON v. COM., DEPT. OF PUB. WELFARE

538 Pa. 122 (1994)

646 A.2d 565

Shirley A. MORRISON, Administratrix of the Estate of George Morrison, Deceased, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, OFFICE OF MENTAL HEALTH (WOODVILLE STATE HOSPITAL), Schleifer Ambulance Service, and J.P. Harika, M.D. Appeal of SCHLEIFER AMBULANCE SERVICE.

Supreme Court of Pennsylvania.

Decided August 25, 1994.

Attorney(s) appearing for the Case

Louis C. Long, Daniel C. Lawson, Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, Esther Joy Schwartz, Chicago, IL, for appellant.

Samuel J. Cordes, Michael A. Murphy, Ogg, Jones, DeSimone & Ignelzi, Pittsburgh, for Shirley Morrison.

Robert S. Andrews, Jr., Deputy Atty. Gen., for Com., Dept. of Public Welfare, Office of Mental Health.

Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.

OPINION OF THE COURT

CAPPY, Justice.

Schleifer Ambulance Service appeals from an order of the Commonwealth Court reversing the order of the Court of Common Pleas granting Schleifer's motion for a new trial. We find that the Commonwealth Court applied an incorrect standard of review and erred in reversing the trial court's decision. Accordingly, we reverse the decision of the Commonwealth Court and reinstate the order of the Court of Common Pleas....

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