Vendetti v. Schuster

Opinion by

Mr. Chief Justice) Bell,

The plaintiff, an armed services veteran, was operated on by defendant while plaintiff was a patient in the United States Veterans’ Hospital in Erie. Plaintiff’s action in trespass was brought on the theory that the defendant’s surgery was performed in a negligent manner and resulted in severe damage to the plaintiff’s left knee.

Defendant appeals from an Order of the lower Court which dismissed two motions filed by him. Defendant first moved for judgment on the pleadings, based upon his alleged immunity from suit for negligent conduct. Defendant contends that…