Legal Opinion
Fortugno v. Trachtenberg
District Court, E.D. Pennsylvania
Decided February 23, 1962No. Civ. A. No. 30261PublishedCited by 3 opinions
1Opinion of the Court
CLARY, Chief Judge.
The matter is before the Court on a motion of defendant, Community Memorial Hospital, to dismiss for failure to state a claim upon which relief can be granted. Jurisdiction of the Court is based upon diversity of citizenship. The suit is one for personal injuries claimed to be sustained as a result of the negligence of the defendant, Community Memorial Hospital, and the operating surgeon during the performance of an operation upon the plaintiff.
The ground for the motion to dismiss is based upon the allegation that defendant, Community Memorial Hospital, is a charitable…
2Cases cited8 opinions
- Frederick Hart & Co. v. Recordgraph CorporationCourt of Appeals for the Third Circuit · 1948
- Fire Insurance Patrol v. BoydSupreme Court of Pennsylvania · 1888
- Gable v. Sisters of St. FrancisSupreme Court of Pennsylvania · 1910
- Michael v. Hahnemann Medical College & Hospital of PhiladelphiaSupreme Court of Pennsylvania · 1961
- Bond v. PittsburghSupreme Court of Pennsylvania · 1951
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Fiumara v. Texaco, Inc.District Court, E.D. Pennsylvania · 1962
- Decker v. Bishop of CharlestonSupreme Court of South Carolina · 1966
- Wertheimer v. FrankDistrict Court, E.D. Pennsylvania · 1962