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ALBRIGHT v. ABINGTON MEMORIAL HOSP.

548 Pa. 268 (1997)

696 A.2d 1159

John W. ALBRIGHT, as executor of the Estate of Elizabeth Jean Albright and individually in his own right, Appellant, v. ABINGTON MEMORIAL HOSPITAL and Montgomery County Emergency Services, Appellees.

Supreme Court of Pennsylvania.

Decided June 17, 1997.

Attorney(s) appearing for the Case

Mark R.Semisch, Willow Grove, for John W. Albright.

Donald F. Ladd and Kevin J. Maginnis, Philadelphia, for Abington Mem. Hospital.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.

OPINION

CAPPY, Justice.

This appeal raises two issues. First, whether a trial judge can enter summary judgment in favor of a mental health facility covered under the Mental Health Procedures Act (the Act)1 where an allegation of gross negligence has been offered? Second, assuming an affirmative answer to the first issue, whether in this case gross negligence has been demonstrated by the pleadings, reports, depositions...

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