Toney v. Chester Co. Hosp., et al of: Chester Co. Hosp., et al - (dissenting)
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[J-7-2010] IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT JEANELLE ANTIONETTE TONEY, v. CHESTER COUNTY HOSPITAL, THE CHESTER COUNTY HOSPITAL FOUNDATION, INC. MAHEEP GOYAL, M.D., EAST MARSHALL STREET RADIOLOGY, THE UNIVERSITY OF PENNSYLVANIA D/B/A THE UNIVERSITY OF PENNSYLVANIA HEALTH SYSTEM A/K/A THE CLINICAL PRACTICES OF THE UNIVERSITY OF PENSYLVANIA A/K/A HOSPITAL OF THE UNIVERSITY OF PENNSYLVANIA, AND THE TRUSTEES OF THE UNIVERSITY OF PENNSYLVANIA APPEAL OF: CHESTER COUNTY HOSPITAL AND CHESTER COUNTY HOSPITAL FOUNDATION, INC., JEANELLE ANTIONETTE TONEY v. CHESTER COUNTY HOSPITAL, THE CHESTER COUNTY HOSPITAL FOUNDATION, INC. MAHEEP GOYAL, M.D., EAST MARSHALL STREET RADIOLOGY, THE UNIVERSITY OF PENNSYLVANIA D/B/A THE UNIVERSITY OF PENNSYLVANIA HEALTH SYSTEM A/K/A THE CLINICAL PRACTICES OF THE UNIVERSITY OF PENSYLVANIA A/K/A HOSPITAL OF THE UNIVERSITY OF PENNSYLVANIA, AND THE TRUSTEES OF THE : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : No. 60 MAP 2009 Appeal from the Order of the Superior Court at No. 1191 EDA 2007 striking the application for reargument dated 12/2/08 of the order dated 11/12/08 reversed in part/affirmed in part and remanding the order of Chester County order at No. 0505122 dated 4/19/07 961 A.2d 192 (Pa. Super. 2008) ARGUED: March 10, 2010 No. 61 MAP 2009 Appeal from the Order of the Superior Court at No. 1191 EDA 2007 striking the application for reargument dated 12/2/08 of the order dated 11/12/08 reversed in part/affirmed in part and remanding the order of Chester County order at No. 0505122 dated 4/19/07 961 A.2d 192 (Pa. Super. 2008) ARGUED: March 10, 2010 UNIVERSITY OF PENNSYLVANIA : : : APPEAL OF: MAHEEP GOYAL, M.D., : THE UNIVERSITY OF PENNSYLVANIA : D/B/A THE UNIVERSITY OF : PENNSYLVANIA HEALTH SYSTEM : A/K/A THE CLINICAL PRACTICES OF : THE UNIVERSITY OF PENNSYLVANIA : A/K/A HOSPITAL OF THE UNIVERSITY : OF PENNSYLVANIA, AND THE : TRUSTEES OF THE UNIVERSITY OF : PENNSYLVANIA : OPINION IN SUPPORT OF REVERSAL MR. CHIEF JUSTICE CASTILLE DECIDED: December 22, 2011 I join Mr. Justice Saylor s Opinion in Support of Reversal, save for the first paragraph of the expression, which adverts to Justice Saylor s Dissenting Opinion in Freed v. Geisinger Med. Ctr., 5 A.3d 212, 228 (Pa. 2010). See Opinion in Support of Reversal Slip Op., Saylor, J., at 1. I wrote separately in Freed and there, as elsewhere, I have expressed a view concerning procedural matters in these cases which is not entirely aligned with the views of my erudite colleague. On the substantive question presented in this case, however, where the Justices favoring affirmance would determine, as a matter of policy, to innovate new liabilities in tort for health care providers, I am entirely in accord with Justice Saylor s views. [J-7-2010] - 2
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