Grube v. Troncelliti

This is an appeal from the judgment entered on the order of Court of Common Pleas of Montgomery County, per the Honorable Mason Avrigan, denying appellant’s motion for new trial and motion in arrest of judgment. We find that the trial court erroneously applied the law and therefore grant a new trial.

The appellant herein instituted a medical malpractice action on August 3, 1978, by filing a complaint in Trespass with the Administrator of the Arbitration Panels for Health Care in accordance with the Pennsylvania Health Care Services Malpractice Act 1 (hereinafter “Act”).

In May of 1980, a…