Coffey v. Faix

Opinion by

Mr. Justice Cohen,

This is an action of trespass seeking damages for injuries sustained as the result of alleged medical malpractice on the part of defendants. The trial court entered a judgment of compulsory nonsuit against plaintiffs for failing to comply with Rule 26 of the Court of Common Pleas of Allegheny County. From the order refusing to remove the nonsuit, plaintiffs have appealed.

A pretrial conference was held in April 1965, and a pretrial statement was filed by plaintiffs listing 13 physicians as liability and medical witnesses. On April 6, 1966, plaintiffs filed an…