Legal Opinion
Davis v. Hoffman
District Court, E.D. Pennsylvania
Decided July 7, 1997No. Civil Action 96-5362PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM
GAWTHROP, District Judge.
This case involves the removal of the plaintiffs uterus, allegedly without her consent. Reading Hospital and Medical Center (the “Hospital”) moves to dismiss or strike the plaintiffs claims for battery by lack of informed consent and for punitive damages. See Fed.R.Civ.P. 12(b)(6) and 12(f). Additionally, Nurse Susan B. Puchini moves to dismiss the Complaint against her for failure to state a claim. I shall grant the Hospital’s Motion to Dismiss as to the battery claim, but deny it as to the punitive damages. I shall also deny its Motion to Strike. Nurse…
2Cases cited21 opinions
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Tobye R. Markowitz, Individually and on Behalf of All Others Similarly Situated v. Northeast Land Company. Appeal of Tobye R. MarkowitzCourt of Appeals for the Third Circuit · 1990
- Niederman v. BrodskySupreme Court of Pennsylvania · 1970
- Thompson v. Nason HospitalSupreme Court of Pennsylvania · 1991
- Charles Williams v. Michael Guzzardi and Chancellor AssociatesCourt of Appeals for the Third Circuit · 1989
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3Cited by4 opinions
- Morilus v. Countrywide Home Loans, Inc.District Court, E.D. Pennsylvania · 2008
- Martin v. FinleyDistrict Court, M.D. Pennsylvania · 2018
- Gurevitz v. Piczon, Pennsylvania Court of Common Pleas, Lackawanna County1999
- Morales v. GuariniDistrict Court, E.D. Pennsylvania · 1999