Opinion

Paul v. Lankenau Hospital

  • 375 Pa. Super. 1
  • 543 A.2d 1148
  • 4 I.E.R. Cas. (BNA) 1408
  • 1988 Pa. Super. LEXIS 1582
Court
Superior Court of Pennsylvania
Filed
May 24, 1988
Status
Published
Author
McEWEN
On the bench
Cirillo, Cavanaugh, Brosky, McEwen, Sole, Beck, Tamilia, Kelly, Johnson
Cited by
50 cases

Reversed on other grounds by Paul v. Lankenau Hospital, 524 Pa. 90 (1990)

finding that there was no implied contract sufficient to rebut presumption of employment at will because staff privileges and hospital employment are distinct

How later courts described this case

  • finding that there was no implied contract sufficient to rebut presumption of employment at will because staff privileges and hospital employment are distinct
  • reversed on other grounds 569 A.2d 346 (Pa. 1990)
  • "[I]f we were to allow a broad application of the public policy exception, the at-will employment doctrine would almost certainly be dismembered by individual judicial notions of what constitutes the public weal."
  • tort elements well settled but conduct not outrageous and insufficient competent medical evidence

Written by the judges who cited it.

The opinion

McEWEN, Judge,

concurring and dissenting:

The issues which confront this Court in this appeal are of such importance and difficulty that unanimity of view is understandably impossible. I can, however, afford to be succinct since my esteemed colleagues have so carefully and thoughtfully analyzed these complex and urgent issues. I am compelled to an expression, nonetheless, since I share the view of Judge Cavanaugh that judgment n.o.v. should have been entered on the promissory estoppel claim, while joining the opinion of President Judge Cirillo on all other issues.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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