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Superior Court of Pennsylvania
April 8, 2003, Argued ; November 6, 2003, Filed
No. 718 EDA 2002, No. 719 EDA 2002, No. 720 EDA 2002
[**144] OPINION BY ORIE MELVIN, J.:
[*P1] Appellant, Dolores Barbara Krosnowski, Administratrix of the Estate of Thaddeus Krosnowski, appeals from the orders of the trial court sustaining Appellees' preliminary objections to venue and transferring these consolidated cases to [**145] Montgomery County. 1 After careful review, we affirm.
[*P2] The relevant facts as set forth in the complaint may be summarized as follows. In September 1999, Appellant's decedent, Thaddeus Krosnowski, was sixty-nine years of age when he was admitted to Abington Memorial Hospital for abdominal pain and underwent surgery for [***2] a perforated appendix. Mr. Krosnowski was admitted to the care of Dr. Stephen D. Ward who practiced with Abington Primary Care Medicine, P.C. During his hospital stay the decedent experienced numerous symptoms which were apparently unrelated to his surgery, including chest pain and fever. Mr. Krosnowski was evaluated by Dr. Kisha Martin (a resident at Abington Memorial Hospital), Dr. Bruce G. Roy of Abington Pulmonary and Critical Care Associates, Inc., and Dr. Robert E. Dee of Associates in Infectious Disease. On October 14, 1999, Mr. Krosnowski experienced an episode of respiratory distress and suffered a cardiac arrest. He died that same day. An autopsy determined the cause of death to be acute pulmonary embolus.
[*P3] Appellant commenced this wrongful death and survival action on October 4, 2001 with the filing of a complaint in Philadelphia County, alleging professional negligence on the part of all of the Appellees in failing to diagnose and treat the decedent's pulmonary embolism. In response, Appellees filed preliminary objections challenging venue and moving to strike certain factual allegations. 2 After the filing of an amended complaint, Appellees reasserted their [***3] preliminary objections. The trial court sustained Appellees' objections to venue and transferred the cases to the Court of Common Pleas of Montgomery County. 3 This timely appeal followed.
[*P4] Appellant presents the following questions for our review.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2003 PA Super 414 *; 836 A.2d 143 **; 2003 Pa. Super. LEXIS 3768 ***
DOLORES BARBARA KROSNOWSKI, ADMINISTRATRIX OF THE ESTATE OF THADDEUS KROSNOWSKI, Deceased, Appellant v. STEPHEN D. WARD, BRUCE G. ROY, M.D. ROBERT E. DEE, M.D., KISHA MARTIN, M.D., ABINGTON PRIMARY CARE MEDICINE, P.C., ABINGTON PULMONARY and CRITICAL CARE ASSOC., LTD., ASSOCIATES in INFECTIOUS DISEASE, ABINGTON MEMORIAL HOSPITAL and ABINGTON MEMORIAL HOSPITAL FOUNDATION, Appellees
Prior History: [***1] Appeal from the Orders of the Court of Common Pleas of Philadelphia County, Civil Division, No. 822 October Term, 2001. Before QUINONES, J.
Krosnowski v. Ward, 61 Pa. D. & C.4th 490, 2002 Pa. Dist. & Cnty. Dec. LEXIS 93 (2002)
Disposition: Orders affirmed.
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