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DEAN v. BOWLING GREEN-BRANDYWINE

No. 963 EDA 2017.

192 A.3d 1177 (2018)

2018 PA Super 196

Melissa DEAN, Individually and as co-administrator of the Estate of Andrew E. Johnson and Clifton Edward Johnson, Individually and as co-administrator of the Estate of Andrew E. Johnson, Appellants, v. BOWLING GREEN-BRANDYWINE, CRC Health Group, Inc. (and/or) d/b/a CRC Health Group, Mohammad Ali Khan, M.D., Asim Khurshid Rana, M.D., Jennersville Regional Hospital, James Duncklee, M.D., Jennifer M. Plumb M.D., Southern Chester County Emergency Room Associates, P.C.

Superior Court of Pennsylvania.

Filed July 2, 2018.

Reargument Denied September 10, 2018.

Attorney(s) appearing for the Case

Anthony M. Brichta , West Chester, for appellant.

Suzanne M. Utke , Philadelphia, for Rana, appellee.

Daniel J. Rucket , Philadelphia, for Bowling Green-Brandywine and CRC, appellees.

Michael E. McGilvery , King of Prussia, for Duncklee, appellee.

Gary M. Samms , Philadelphia, for Plumb and Southern Chester County Emergency Room Associates, appellees.

Sarah M. Baker , Philadelphia, for Khan, appellee.

BEFORE: GANTMAN, P.J., PANELLA, J., and DUBOW, J.

OPINION BY PANELLA, J.

In this appeal, we must determine whether the trial court properly granted nonsuit based upon the application of the limited immunity provision of the Mental Health Procedures Act ("MHPA" or "the Act"). The limited immunity provision of the MHPA, 50 P.S. § 7114, is intended "to provide limited civil and criminal immunity to those individuals and institutions charged with providing treatment to the mentally ill." Farago v...

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