Mcnally v. Etnoyer (No. 1)

PEREZOUS, J.,

Presently before the court are the preliminary objections of defendant John J. Etnoyer, M.D., in the nature of a motion to strike and a demurrer to the amended complaint filed by plaintiffs, Joyce A. McNally and Lewis C. McNally, on January 29, 1988. It has long been settled in Pennsylvania that a demurrer will be sustained “only when it appears, with certainty, that the law permits no recovery under the allegations pleaded, and the objection must be overruled if the allegations state a cause of action under any theory of the law.” Pa. Association of State Mental Hosp. Physicians…