Opinion

Atcovitz v. Gulph Mills Tennis Club, Inc.

  • 571 Pa. 580
  • 812 A.2d 1218
  • 2002 Pa. LEXIS 2832
Court
Supreme Court of Pennsylvania
Filed
Dec 20, 2002
Status
Published
Author
Cappy
On the bench
Zappala, Cappy, Castille, Nigro, Newman, Saylor, Eakin
Cited by
184 cases
Authority
More cited than 9.8%

declining to impose a duty upon a tennis club to maintain a defibrillator on its premises, principally on the ground that the legislature has carefully regulated the use of such devices without imposing a duty on business operators to maintain such equipment

How later courts described this case

  • declining to impose a duty upon a tennis club to maintain a defibrillator on its premises, principally on the ground that the legislature has carefully regulated the use of such devices without imposing a duty on business operators to maintain such equipment
  • holding that tennis club owed no duty to tennis club member who suffered heart attack while playing tennis to acquire and maintain a defibrillator on its premises for emergency use
  • declining to impose a duty on club to maintain defibrillator on its premises, principally on the ground that legislature carefully regulated use of such devices without imposing a duty on business operators to maintain such equipment
  • analyzing the overall public interest in the proposed solution and finding that a tennis club did not owe a duty to acquire and maintain an automated external defibrillator on its premises for emergency use

Written by the judges who cited it.

The opinion

Justice CAPPY,

concurring.

I join the majority opinion to the extent that it holds that we must balance the factors in Althaus ex rel. Althaus v. *591 Cohen, 562 Pa. 547 , 756 A.2d 1166 (2000). After evaluating all five factors, I agree that no duty exists here.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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