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MALONEY v. VALLEY MEDICAL FACILITIES, INC.

No. 346 WDA 2007.

946 A.2d 702 (2008)

Max C. MALONEY, Individually and as Administrator of the Estate of Linda E. Maloney, Appellant v. VALLEY MEDICAL FACILITIES, INC., d/b/a The Medical Center, Beaver, Heritage Valley Health System, Inc., Beaver Internal Medicine Association, Tri-State Medical Group, Inc., Brighton Radiology Associates, P.C., Maurice Prendergrast, M.D., and Richard E. Brennan, M.D., Appellee.

Superior Court of Pennsylvania.

Filed March 7, 2008.

Reargument Denied May 16, 2008.

Attorney(s) appearing for the Case

Gregory B. Heller, Philadelphia, for Maloney, appellant.

Deborah D. Olszewski, Pittsburgh, for Tri-State, appellee.

Deborah A. Kane, Philadelphia and John W. Jordan IV, Pittsburgh, for Valley Medical, appellee.

BEFORE: MUSMANNO, ORIE MELVIN and KELLY, JJ.

OPINION BY KELLY, J.:

¶ 1 This is an appeal from an order entering summary judgment in favor of Appellees/defendants below in an action based on claims of medical negligence. Finding error in the trial court's nullification of the reservation of rights clause in a tortfeasors release, we vacate the judgment to the extent of the reservation and remand.

¶ 2 In December of 1988, Appellant's decedent, Linda Maloney, presented to Appellee Maurice Prendergrast...

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