Dupree v. LEE, MD

CERCONE, Judge:

This is an appeal from an order vacating a judgment of non pros. The facts are as follows. On December 26, 1973 James Dupree was admitted to St. Joseph’s Hospital where he subsequently died on January 11, 1974. On January 10,1975, a summons in trespass was filed against the defendant doctors who treated Mr. Dupree during his stay at St. Joseph’s Hospital. On March 11,1975 defendant’s counsel issued a rule upon plaintiff to file her complaint within twenty days, by March 31, 1975. Rather than file the complaint, plaintiff requested a 20-day extension, until April 21, 1975,…