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KRATT v. HORROW

455 Pa.Super. 140 (1996)

687 A.2d 830

Mary C. KRATT, as Administratrix of the Estate of Albert Kratt, Deceased, and in her own right, Appellee, v. Jan C. HORROW, M.D., Terry Heiman-Patterson, M.D., J., March Maquilan, M.D., and Hahnemann University Hospital. Appeal of J. March MAQUILAN, M.D.

Superior Court of Pennsylvania.

Filed December 10, 1996.

Reargument Denied February 11, 1997.

Attorney(s) appearing for the Case

Francis J. McGovern, Blue Bell, for appellant.

Michael J. D'Aniello, Norristown, for Kratt, appellee.

Before DEL SOLE, BECK and POPOVICH, JJ.

POPOVICH, Judge.

We affirm the order of the Court of Common Pleas of Philadelphia County removing a compulsory nonsuit entered in favor of the defendant/appellant, J. March Maquilan, M.D.

A motion for compulsory nonsuit allows a defendant to test the sufficiency of a plaintiff's evidence. Francioni v. Gibsonia Truck Corp., 472 Pa. 362, 372 A.2d 736 (1977). A compulsory nonsuit can only...

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