Reichman v. Wallach ( 1982 )

WICKERSHAM, Judge,

concurring and dissenting:

I concur with the majority in concluding that the entry of judgment n.o.v. in favor of The Pennsylvania Hospital was correct.

I dissent from the award of a new trial and the reversal of the judgment entered in favor of Mara Reichman against Edward E. Wallaeh. Mrs. Reichman’s testimony was, indeed, clearly hearsay . . . but Dr. Troncelliti was examined and cross-examined at great length. The jury could not have been misled. The error was harmless under all the circumstances. I would affirm the jury verdict which followed a four-week trial.