Ernest A. COLLINS, Appellant, v. Guy PARK, M.D. and Rolling Hill Hospital, Appellees, 423 Pa. Super. 601

Plaintiff patient attempted to serve a writ of summons on defendant doctor by leaving a copy with a receptionist at defendant hospital, even though defendants were no longer affiliated. Plaintiff later filed a complaint against defendant, doctor and hospital, alleging negligence during a surgical procedure. The sheriff attempted to serve the complaint by leaving it with a nurse in the intensive care unit of the hospital where defendant doctor was a patient. The trial court found that it had no jurisdiction because of defective service and dismissed the action. The court vacated the order of dismissal, but struck the writ of summons and service of the complaint. The court held that when the writ was served, defendant doctor had no affiliation with defendant hospital and the service was therefore defective and did not confer jurisdiction. The service of the complaint was also inadequate to confer jurisdiction because the intensive care unit of a hospital could not be deemed defendant ...