ROSS, J., September 3, 1996.
The court has before it an oral motion for compulsory nonsuit made by defendant, Dr. Paul Wirtz, at the close of the plaintiffs' case: Pa.R.C.P. 230.1. Defendant asserts that, on the basis of evidence adduced on behalf of plaintiffs, Clayton Cook (now deceased) and his widow, Jean Cook, have failed to establish a right to relief. Specifically it is argued that they are not parties within the protected class entitled to bring the...
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