REYNOLDS v. THOMAS JEFFERSON UNIV. HOSP.


450 Pa.Super. 327 (1996)

676 A.2d 1205

Charmaine REYNOLDS v. THOMAS JEFFERSON UNIVERSITY HOSPITAL and Daniel Anthony Beneski, M.D. Appeal of THOMAS JEFFERSON UNIVERSITY HOSPITAL, Appellant.

Superior Court of Pennsylvania.

Filed April 17, 1996.

Reargument Denied June 21, 1996.


Attorney(s) appearing for the Case

M. Kelly Tillery, Philadelphia, for appellant.

Thomas J. Duffy, Philadelphia, for Reynolds, appellee.

Before HUDOCK, FORD ELLIOTT and CERCONE, JJ.


FORD ELLIOTT, Judge:

This is an appeal from the order entered May 24, 1995 and docketed June 15, 1995, denying appellant's post-trial motions and entering judgment in the amount of $600,000.1 Because we find a material variance between appellee's pleadings and her proof at trial, which set forth a new cause of action and was thus barred by the applicable statute of limitations, we reverse.

As a reviewing court on a motion for a...

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