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Alfonsi v. Huntington Hospital, Inc.

Denial of motion to remove non-suit affirmed; plaintiff was bound by defendant doctor's testimony because it was put forth by plaintiff in his case-in-chief and was never contradicted by any of plaintiff's witnesses; there was insufficient evidence to support claim that doctor's failure to warn plaintiff's mother of drug interaction with alcohol was a gross deviation from accepted standards of care.

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OPINION

� 1 This is an appeal from a trial court order denying Appellant’s motion to remove a non-suit. We affirm.

� 2 Appellant, who had been involuntarily admitted to Huntington Hospital for treatment of a schizoaffective disorder, brought an action against Appellees, Huntington Hospital and Medical Center, and Larry A. Fryer, M.D. Appellant claimed that Appellees were grossly negligent in failing to provide him with warnings that his psychiatric medication could affect his ability to operate a motor vehicle and that he should not consume alcohol while medicated. Appellant alleged that Appellees’ actions caused him to later suffer injuries in an automobile accident. Appellees responded and cited the qualified immunity provisions of the Mental Health and Procedures Act, 50 P.S. � 7114(a), which offers protection to physicians and mental health facilities in the absence of willful misconduct or gross negligence. At the close of Appellant’s case, after Appellee-Dr. Fryer was called by Appellant to testify as if on cross-examination, Appellees moved for a non-suit. The trial court granted the motion based upon its finding that “no reasonable jury could have found that defendants acted in a grossly negligent manner.” Trial Court Opinion, 8/14/00, at 2.

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