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HANEY v. PAGNANELLI

830 A.2d 978 (2003)

Joseph HANEY, Dec'd. and Betty Haney Michael F. Haney, Kathleen M. Krasley, Lisa A. Organiski, as Executors of the Estate of Joseph Haney, Dec'd., Appellants, v. David N. PAGNANELLI, M.D., Appellee.

Superior Court of Pennsylvania.

Filed July 14, 2003.

Reargument Denied September 15, 2003.

Attorney(s) appearing for the Case

Paul N. Minkoff, Philadelphia, for appellants.

Marion H. Griffin, Philadelphia, for appellee.

Before: BENDER, MONTEMURO, JJ and McEWEN, P.J.E.

MONTEMURO, J.

¶ 1 This is an appeal from the Order entered July 31, 2002, in the Montgomery County Court of Common Pleas granting summary judgment to Appellee/Defendant, David N. Pagnanelli, M.D., in this medical malpractice action. For the reasons set forth below, we reverse.

¶ 2 On May 10, 1995, Appellee performed a decompressive lumbar laminectomy at the L4-L5 nerve root level on Appellant/Plaintiff, Betty Haney, in an attempt to relieve her back...

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