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DEPARTMENT OF PUBLIC WELFARE v. SCHULTZ

822 A.2d 876 (2003)

DEPARTMENT OF PUBLIC WELFARE, and Clark Summit State Hospital, Petitioners, v. Lena SCHULTZ, Individually and as Executrix of the Estate of Steven Schultz, Deceased, Respondents.

Commonwealth Court of Pennsylvania.

Decided May 2, 2003.

Attorney(s) appearing for the Case

Calvin R. Koons, Harrisburg, for petitioners.

Vincent S. Cimini, Scranton, for respondent.

BEFORE: COLINS, President Judge, and LEADBETTER, Judge, and KELLEY, Senior Judge.

OPINION BY President Judge COLINS.

Clark Summit State Hospital and the Department of Public Welfare appeal an order of the Court of Common Pleas of Lackawanna County, by permission of this Court pursuant to Pa. R.A.P. 1311, that denied a motion for judgment on the pleadings filed by DPW and the Hospital. The motion sought judgment as a matter of law that, within the context of a wrongful death action and sovereign immunity...

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