Singzon v. Commonwealth, Department of Public Welfare

436 A.2d 125, 496 Pa. 8, 1981 Pa. LEXIS 976
CourtSupreme Court of Pennsylvania
DecidedSeptember 24, 1981
Docket80-2-288
StatusPublished
Cited by42 cases

This text of 436 A.2d 125 (Singzon v. Commonwealth, Department of Public Welfare) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Singzon v. Commonwealth, Department of Public Welfare, 436 A.2d 125, 496 Pa. 8, 1981 Pa. LEXIS 976 (Pa. 1981).

Opinions

OPINION

LARSEN, Justice.

In early March, 1980, the Department of Public Welfare (DPW) announced the reduction of the nursing staff at Shamokin State General Hospital (SSGH) located in Shamokin, Pennsylvania. Appellants filed a petition for review with the Commonwealth Court on April 15, 1980 asking that Court to “set aside the decisions and plan” of respondents DPW and Helen O’Bannon, Secretary of DPW (appellees herein).

On April 24, 1980, appellants filed an application for a preliminary injunction requesting the Commonwealth Court to preliminarily enjoin appellees from implementing the announced reduction in staff. An evidentiary hearing on this application was held on May 15,1980 before the Honora[10]*10ble Robert W. Williams, Jr. who, at the conclusion of the hearing, issued an order from the bench denying the application. This denial was appealed to this Court. (A written opinion was filed by Judge Williams on September 30, 1980, pursuant to Rule 1925 of the Pennsylvania Rules of Appellate Procedure).

Appellants also filed an application with Commonwealth Court on May 22, 1980 seeking an injunction or stay of implementation of the DPW decision pending the determination of the appeal from the May 15, 1980 order but, on June 5, 1980, Justices Robert N. C. Nix, Jr. and Bruce W. Kauffman of this Court issued an order which stayed the DPW determination during the pendency of this appeal.

Appellants (petitioners below) are two SSGH staff physicians, (Drs. Jaime Singzon and Edward V. Twiggar, II), one nurse whose employment is directly affected by the planned staff reduction (Debra L. Price) and four area residents (David L. Hoffman, Harold E. Thomas, James P. Kelley, and Leonard A. Slodysko). Their application for preliminary injunction alleged, essentially, that appellees acted either without authority or in an arbitrary, capricious or bad faith manner, and that the proposed staff reduction posed an immediate threat of irreparable injury to the health, safety and welfare of patients and prospective patients at SSGH. Judge Williams concluded that the latter allegation — immediate threat of irreparable injury — was not supported by the evidence adduced at the hearing and so denied the injunction sought. We affirm.

The standards of appellate review or the grant or denial of a preliminary injunction have often been reiterated by this Court. The litany proceeds as follows:

As a preliminary consideration, we recognize that on an appeal from the grant or denial of a preliminary injunction, we do not inquire into the merits of the controversy, but only examine the record to determine if there were any apparently reasonable grounds for the action of the court below. Only if it is plain that no grounds exist to support the decree or that the rule of law relied upon was [11]*11palpably erroneous or misapplied will we interfere with the decision of the Chancellor. Intraworld Inc. v. Girard Trust Bank, 461 Pa. 343, 336 A.2d 316 (1975); Credit Alliance Corp. v. Philadelphia Minit-Man Car Wash Corp., 450 Pa. 367, 301 A.2d 816 (1973); Zebra v. Pittsburgh School District, 449 Pa. 432, 296 A.2d 748 (1972). “In order to sustain a preliminary injunction, the plaintiff’s right to relief must be clear, the need for relief must be immediate, and the injury must be irreparable if the injunction is not granted.” Zebra v. Pittsburgh School District, 449 Pa. at 437, 296 A.2d at 750. (emphasis added). Roberts v. School District of Scranton, 462 Pa. 464, 469, 341 A.2d 475, 478 (1975). (emphasis added).

Bell v. Thornburgh, 491 Pa. 263, 267-68, 420 A.2d 443, 445 (1980). (emphasis added). The “essential prerequisites” for a preliminary injunction are sometimes stated in the following manner:

[Fjirst, that it is necessary to prevent immediate and irreparable harm which could not be compensated by damages; second, that greater injury would result by refusing it than by granting it; and third, that it properly restores the parties to their status as it existed immediately prior to the alleged wrongful conduct, (citation omitted). Even more essential, however, is the determination that the activity sought to be restrained is actionable, and that the injunction issued is reasonably suited to abate such activity. And unless the plaintiff’s right is clear and the wrong is manifest, a preliminary injunction will not generally be awarded: Keystone Guild, Inc. v. Pappas, 399 Pa. 46, 159 A.2d 681 (1960), and Herman v. Dixon, 393 Pa. 33, 141 A.2d 576 (1958).

John G. Bryant Co. v. Sling Testing & Repair, Inc., 471 Pa. 1, 7, 369 A.2d 1164, 1167 (1977); New Castle Orthopedic Assoc. v. Burns, 481 Pa. 460, 464, 392 A.2d 1383, 1385 (1978).

Obviously, the proponent of a preliminary injunction faces a heavy burden of persuasion and, where the lower court has not been persuaded and has denied the injunction request, the proponent must also overcome the narrow scope [12]*12of appellate review which will uphold that denial if there were “any apparently reasonable grounds.” In the instant case, the record clearly supports the action of the Commonwealth Court.

The cutbacks in nursing staff, if implemented, would result in the elimination of one of SSGH’s medical/surgical units (15 beds) and the entire obstetrical/maternity unit (13 beds). Appellants asserted in their petition for review, and attempted to demonstrate at the hearing, that the elimination of their units would cause certain specific injuries. First, they asserted that the elimination of the obstetrical/maternity unit would prove dangerous to expectant mothers for two reasons — the “extended” drive (travel time) to alternative facilities and the inadequacy of the Ashland State General Hospital, the closest alternative facility, which would, according to a witness, Dr. Peter W. Ross, Jr., provide insufficient protection against the risk of infection. Second, appellants maintained that the remaining medical/surgical units would be inadequately staffed, threatening the health, safety and welfare of the patients there. Third, they argued that the reduction would reduce, by furlough, one member of the three member nurse anesthetist staff presently providing anesthesia at the hospital. This, they claim, would severely hinder SSGH’s ability to perform emergency services. Finally, appellants contended that the reduction in the total number of rooms in the hospital would impede its ability to deal with infectious outbreaks.

The record belies appellants’ representation that these assertions have been demonstrated by “undisputed” testimony at the hearing.

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Bluebook (online)
436 A.2d 125, 496 Pa. 8, 1981 Pa. LEXIS 976, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singzon-v-commonwealth-department-of-public-welfare-pa-1981.