Cook v. Wirtz

ROSS, J.,

The court has before it an oral motion for compulsory nonsuit made by defendant, Dr. Paul Wirtz, at the close of the plaintiffs’ case: Pa.R.C.P. 230.1. Defendant asserts that, on the basis of evidence adduced on behalf of plaintiffs, Clayton Cook (now deceased) and his widow, Jean Cook, have failed to establish a right to relief. Specifically it is argued that they are not parties within the protected class entitled to bring the instant suit and that plaintiffs have not presented evidence sufficient to establish that Dr. Wirtz refused dental treatment to them after learning that they…