Wunderly, K. v. Saint Luke's Hospital

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

KATHRYN J. WUNDERLY, EXECUTRIX OF : No. 369 MAL 2023 THE ESTATE OF KENNETH E. : WUNDERLY, DECEASED, :

: Petition for Allowance of Appeal Petitioner : from the Order of the Superior Court : :

v. :

: :

SAINT LUKE'S HOSPITAL OF : BETHLEHEM, PENNSYLVANIA D/B/A ST. : LUKE'S HOSPITAL - SACRED HEART : CAMPUS AND ST. LUKE'S HEALTH : NETWORK, INC. D/B/A ST. LUKE'S : UNIVERSITY HEALTH NETWORK AND : ABOVE AND BEYOND INCORPORATED : D/B/A ABOVE & BEYOND MOUNTAIN : VIEW, :

:

Respondents :

ORDER

PER CURIAM

AND NOW, this 27th day of December 2023, the Petition for Allowance of Appeal

is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to the

remaining issue. The issue, as stated by Petitioner, is:

Did the Superior Court err in affirming the [t]rial [c]ourt’s grant of judgment on the pleadings in favor of St. Luke’s [d]efendants because the immunity provisions of the Mental Health Procedures Act do not apply to [Petitioner]’s claims?