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Atcovitz v. Gulph Mills Tennis Club, Inc.

State Emergency Medical Services Act relates to the administration of organized emergency services and contains no limitation on first aid efforts performed by lay persons, and thus tennis club employees may not have been prohibited from using an automated external defibrillator ("AED") on a guest who suffered a heart attack on the premises.

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� 1 In 1996, Appellant Jerry Atcovitz suffered a heart attack while playing tennis at Appellee’s facility. Appellant Atcovitz and his wife *fn1 filed a negligence suit against Appellee, claiming Appellant’s injuries could have been mitigated if Appellee’s facility had had available a medical device called an automated external defibrillator (“AED”). Appellee asserted a defense to this claim that at the time of Appellant’s injury, employees at its facility would not have been permitted, legally, to employ an AED. Appellants moved for partial summary judgment in an attempt to bar Appellee from asserting this defense. This motion was denied. However, immediately prior to trial, Appellants orally moved for reconsideration of the motion. At that time, Appellee cross-moved for summary judgment. The trial court granted Appellee’s motion and dismissed the case *fn2 . This appeal follows.

� 2 Appellants raise only one issue for our review:

Where neither an enabling statute nor code regulations promulgated pursuant thereto purport in language or structure to regulate the administration of first aid by laypersons, did the Trial Court err in interpreting 28 Pa.Code � 1003.22 as restricting the use of automatic external defibrillators to trained members of the emergency services system and prohibiting its use to bystanders, i.e, those persons most likely to be able to use the device quickly enough to achieve its life saving benefits? Appellants’ Brief at 3.

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