Flannery v. Giebus

Schiffman, J.,

Plaintiff has filed an action in trespass against the administrator of the estate of Dr. Samuel P. Mengel, deceased. The matter before the court is upon plaintiff’s preliminary objections to defendant’s answer containing new matter. Plaintiff’s objections are in the form of a motion to strike and a demurrer.

The gravamen of plaintiff’s complaint is the charge that decedent physician negligently performed an appendectomy upon her on October 11, 1943. She alleges she, therefore, sustained certain injuries and incurred resultant medical expenses. The negligence averred' is the…