# Moyer v. PHILLIPS, MD

> Supreme Court of Pennsylvania · July 7, 1975 · 462 Pa. 395

URL: https://www.frixlaw.com/law-library/cases/9651466

## Case

- **Full name:** John A. MOYER, Appellant, v. C. E. PHILLIPS, M.D.
- **Court:** Supreme Court of Pennsylvania
- **Decided:** July 7, 1975
- **Citations:** 462 Pa. 395; 341 A.2d 441; 77 A.L.R. 3d 1339; 1975 Pa. LEXIS 895
- **Precedential status:** Published
- **Opinion:** Concurrence by Manderino
- **Judges:** Jones, Eagen, O'Brien, Roberts, Nix, Manderino, Pomeroy
- **Cited by:** 75 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9651466

## Opinion text

MANDERINO, Justice
(concurring).
I concur in the opinion and decision of the Court.
I would like to add, however, that the Court should explicitly overrule Menefee v. Columbia Broadcasting System, Inc., 458 Pa. 46 , 329 A.2d 216 (1974) (see concurring opinion by Mr. Justice Manderino). In Menefee the plaintiff died. In this case, the defendant died. As the majority indicates, whether the plaintiff or the defendant dies following the act of libel or slander makes no difference, the cause of action continues.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9651466. Public record. Not legal advice.