Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Atcovitz v. Gulph Mills Tennis Club, Inc.

State Emergency Medical Services Act relates to the administration of organized emergency services and contains no limitation on first aid efforts performed by lay persons, and thus tennis club employees may not have been prohibited from using an automated external defibrillator ("AED") on a guest who suffered a heart attack on the premises.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
� 1 In 1996, Appellant Jerry Atcovitz suffered a heart attack while playing tennis at Appellee’s facility. Appellant Atcovitz and his wife *fn1 filed a negligence suit against Appellee, claiming Appellant’s injuries could have been mitigated if Appellee’s facility had had available a medical device called an automated external defibrillator (“AED”). Appellee asserted a defense to this claim that at the time of Appellant’s injury, employees at its facility would not have been permitted, legally, to employ an AED. Appellants moved for partial summary judgment in an attempt to bar Appellee from asserting this defense. This motion was denied. However, immediately prior to trial, Appellants orally moved for reconsideration of the motion. At that time, Appellee cross-moved for summary judgment. The trial court granted Appellee’s motion and dismissed the case *fn2 . This appeal follows.

� 2 Appellants raise only one issue for our review:

Where neither an enabling statute nor code regulations promulgated pursuant thereto purport in language or structure to regulate the administration of first aid by laypersons, did the Trial Court err in interpreting 28 Pa.Code � 1003.22 as restricting the use of automatic external defibrillators to trained members of the emergency services system and prohibiting its use to bystanders, i.e, those persons most likely to be able to use the device quickly enough to achieve its life saving benefits? Appellants’ Brief at 3.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Attorney - Insurance Defense

Downtown property and casualty defense law firm seeks litigation associate with 2+ years' experience in insurance defense litigation. The fi...


Apply Now ›
Labor & Employment Counsel - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Counsel in our renowned Labor & Employment Department, working w...


Apply Now ›
(NEW) ASSISTANT GENERAL COUNSEL WANTED FOR PRIVATELY HELD HEALTHCARE COMPANY (Oak Brook, IL)

Our client, a large, privately-owned healthcare company, has engaged us to find an Assistant General Counsel for their headquarters located ...


Apply Now ›
Go to Lawjobs