Carroll v. Kimmel

OLSZEWSKI, Judge:

This is an appeal from the entry of a judgment of non pros 1 against appellant Hugh Carroll as trustee ad litem for the estate of Rita Carroll. Appellant claims the trial court erred in granting a judgment of non pros in favor of appellee, Dr. Murray H. Kimmel. We disagree with appellant and consequently affirm the judgment.

The following chronology is drawn from the record and the uncontested facts in the briefs:

February 27, 1978 — Rita Carroll dies.

February 28, 1980 — Plaintiff-trustee files a notice complaint with the arbitration panels for health care claiming appellee,…