FILTER v. McCABE


733 A.2d 1274 (1999)

Lorraine S. FILTER, Guardian of the Person of Edward F. Filter, and Lorraine S. Filter, H/W Appellants, v. Thomas McCABE, Appellee.

Superior Court of Pennsylvania.

Filed June 10, 1999.

Reargument Denied August 17, 1999.


Attorney(s) appearing for the Case

Brian Hall, Philadelphia, for appellants.

James B. Burns, Philadelphia, for appellee.

Before STEVENS, LALLY-GREEN and OLSZEWSKI, JJ.


STEVENS, J.:

¶ 1 In the matter now before this Court, we are asked to determine whether the Restatement (Second) of Torts §§ 323 and 324, collectively referred to as the "Good Samaritan" doctrine, should apply to homeowners. We find that, under the specific facts of the within case, said sections do apply to a homeowner and, as such, reverse the order of the trial court.

¶ 2 The relevant facts and procedural history are as follows: On December...

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