Friday, March 7, 2008

Superior Court 3/7/2008 - MAX C. MALONEY, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF LINDA E. MALONEY v. VALLEY MEDICAL FACILITIES, INC., D/B/

MAX C. MALONEY, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF LINDA E. MALONEY 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.
No. 346 WDA 2007 2008 PA Super 32 Atlantic: n/a Filed: 3/7/2008
Appeal from the Order entered January 18, 2007In the Court of Common Pleas of Beaver CountyCivil No. GD 10369-2004
Before: MUSMANNO, ORIE MELVIN and KELLY, JJ.
Opinion by: KELLY, J.
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.

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