McNAMARA v. SCHLEIFER AMBULANCE SERV.


383 Pa.Super. 100 (1989)

556 A.2d 448

William Paul McNAMARA, Jr. by his Guardian, Mildred McNamara, and Mildred McNAMARA, in her Own Right, Appellant, v. SCHLEIFER AMBULANCE SERVICE, INC., a Pennsylvania Corporation and Braddock General Hospital, Appellee.

Supreme Court of Pennsylvania.

Filed March 31, 1989.

Reargument Denied April 26, 1989.


Attorney(s) appearing for the Case

James D. Belliveau, Pittsburgh, for appellant.

Maria Zulick, Philadelphia, for Schleifer Ambulance, appellee.

Before ROWLEY, DEL SOLE and MONTGOMERY, JJ.


DEL SOLE, Judge:

This is an appeal from an order granting a motion for summary judgment on the basis of statutory immunity. We reverse.

Appellant suffered a fractured skull when he jumped through rear doors of the moving ambulance that was transporting him from Braddock General Hospital to Woodville State Hospital. He had been seated in a rear seat of the vehicle with his seat belt fastened; another patient, restrained on a stretcher, and an ambulance attendant...

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