United States Third Circuit

In a wrongful death, survival, and negligent infliction of emotional distress action arising from two automobile accidents -- the second of which caused the good samaritan rescuer's death -- summary judgment for defendants on the ground that the rescue doctrine did not support plaintiffs' claims is reversed and remanded where there was a genuine issue of material fact as to whether the rescue was ongoing at the time of the second accident.

Appellate Information

• Decided 12/28/2006
• Published 12/28/2006

Judges

• Before McKEE and AMBRO, Circuit Judges, and RESTANI, Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Paul T. Sheppard, Esquire (Argued) Hinman, Howard & Kattell, Binghamton, NY, for Appellants.


• For Appellees:
  
• Louis E. Bricklin, Esquire (Argued) Lawrence R. Berger, III, Esquire Bennett, Bricklin & Saltzburg, LLP, Philadelphia, PA, for Appellees.