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ATCOVITZ v. GULPH MILLS TENNIS CLUB, INC.

812 A.2d 1218 (2002)

Jerry ATCOVITZ and Roslyn Atcovitz, H/W, v. GULPH MILLS TENNIS CLUB, INC, JKST, Inc. and Gulph Mills/JKST Tennis Club, Inc., Lafayette Ambulance Rescue Squad I. Appeal of Gulph Mills Tennis Club, Inc., JKST, Inc. and Gulph Mills/JKST Tennis Club.

Supreme Court of Pennsylvania.

Decided December 20, 2002.

Attorney(s) appearing for the Case

Lucien R. Tharaud, Philadelphia, for Gulph Mills Tennis Club, Inc.

Charles W. Craven, Philadelphia, for Gulph Mills/JKST Tennis Club, Inc.

Alfred Anthony Brown, J. Craig Currie, Philadelphia, for Roslyn Atcovitz, H/W Jerry Atcovitz.

Before ZAPPALA, C.J., and CAPPY, CASTILLE, NIGRO, NEWMAN, SAYLOR and EAKIN, JJ.

OPINION

Chief Justice ZAPPALA.

We granted allowance of appeal in this case to determine whether a tennis club owes a duty of care to its members to acquire and maintain an automated external defibrillator, hereinafter "AED," on its premises for emergency use.1 For the reasons that follow, we hold that such clubs do not owe a duty to have an AED available on their premises.

On January 16, 1996, Jerry Atcovitz suffered...

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