Gabroy v. Commonwealth

OPINION BY

President Judge COLINS.

Before this Court in its original jurisdiction is a motion for summary judgment filed on January 26, 2005, by Allen S. Gabroy, M.D. against the Commonwealth of Pennsylvania Medical Professional Liability Catastrophe Loss Fund (hereinafter “the Fund”), 1 which in turn joined the Pennsylvania Property and Casualty Insurance Guaranty Association (hereinafter “the Guaranty Association”) 2 as an additional respondent. Also before this Court are cross-motions for summary judgment filed by the Fund and by the Guaranty Association.

A medical malpractice action was…