Barnes, R. v. St. Clair Hospital
CourtSuperior Court of Pennsylvania
Date FiledOctober 26, 2026
Docket1138 WDA 2025
JudgeNeuman
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
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2026 PA Super 237
ROBERT BARNES AND BRITTANY : IN THE SUPERIOR COURT OF
BARNES : PENNSYLVANIA
:
Appellants :
:
:
v. :
:
: No. 1138 WDA 2025
ST. CLAIR HOSPITAL AND JACOB W. :
MCBRIDE, D.O. :
Appeal from the Order Entered August 28, 2025
In the Court of Common Pleas of Allegheny County Civil Division at
No(s): GD No. 21-014407
BEFORE: LAZARUS, P.J., STABILE, J., and NEUMAN, J.
OPINION BY NEUMAN, J.: FILED: October 26, 2026
Appellants, Robert Barnes (a police officer), and Brittany Barnes (his
wife), appeal from the trial court’s August 28, 2025 order granting Appellees’,
St. Clair Hospital and Jacob W. McBride, D.O., motion for summary judgment.
Appellants argue the trial court improperly barred their claims by applying the
professional rescuer doctrine — a common law rule that a professional
rescuer, such as a police officer or firefighter, who has been injured while
attempting to rescue persons or property, cannot recover from one whose
negligence has created the danger, see, e.g., Heil v. Brown, 662 A.2d 669,
671 n.3 (Pa. Super. 1995).1 After careful review, we reverse the trial court’s
order and remand.
____________________________________________
1 The ‘professional rescuer doctrine’ is also known as the ‘fireman’s rule.’ We
use these terms interchangeably herein.
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The trial court summarized the underlying facts of this matter, as
follows:
George Tratras, age 25, was the only child of John Tratras and
Ana Tratras. He lived with his parents in a home in M[t.] Lebanon,
Allegheny County. John became concerned that his son was
having paranoid delusions. [On July 12, 2021,] John completed
an application for involuntary emergency examination and
treatment under [S]ection 302 of the Mental Health Procedures
Act[ (“MHPA”), 50 P.S. §§ 7101-7503].[2] In the application[,]
John indicated his son George … accused John of witchcraft. John
further indicated his son states he is the high priest from the Old
Testament “and will destroy us if we keep doing [the witchcraft].”
John finally indicated that his son “George has firearms in the
home.”
George … was involuntarily taken to St. Clair Hospital. He was
seen there by an emergency room physician who committed him
to inpatient psychiatric care at a locked inpatient unit out of
“concern for safety for his parents that he is currently living with.”
George … then met with [Dr.] McBride, a psychiatrist employed
by St. Clair Hospital. Dr. McBride assessed George … as a low risk
with no imminent threat of violence.[3] Dr. McBride was also
informed that a hospital social worker spoke with George[’s]
father and mother[,] and they informed the social worker they had
changed their minds and wanted their son discharged to their
____________________________________________
2 Our Supreme Court has observed “[t]he various statutory sections of the
MHPA as set forth in Purdon’s Pennsylvania Statutes, the unofficial codification
of Pennsylvania law, are most often described in our decisions by the section
numbers used in the original act passed by the General Assembly in 1976.”
Matos v. Geisinger Med. Ctr., 334 A.3d 288, 295 n.6 (Pa. 2025) (citing Act
of July 9, 1976, P.L. 817, No. 143, § 114, amended Act of Nov. 26, 1978, P.L.
1362, No. 324, § 1). Accordingly, in our decision, we also refer to the section
numbers from the original act.
3 The record also indicates Dr. McBride had concerns George suffered from
psychosis and recommended George stay voluntarily, but George declined.
See Appellees’ Motion for Summary Judgment, 7/11/25, at Exhibit B (Visit
Report) at 10. According to Dr. McBride, George said he would consider seeing
a psychiatrist in the long term, but he did not “want an appointment made for
him from here.” Id.
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home.[4] Approximately 21 hours after his admission to St. Clair
Hospital under an involuntary mental health commitment, George
… was discharged to the Mt. Lebanon home he shared with his
parents.
Late in the evening of July 28, 2021, 15 days after George[’s]
discharge, he shot both his parents to death in their home. He
then telephoned 911[,] and reported that he had murdered his
parents. Also on July 28, 2021, [Officer] Barnes began his shift
as a patrol officer with the Dormont Police Department at 11:00
p.m. Officer Barnes had approximately 10 years of experience
working as a police officer. Officer Barnes and another Dormont
Police Officer were dispatched to assist the Mt. Lebanon Police
apprehending George…, who told 911 he wanted to surrender to
the police. Officer Barnes went to a staging area near the
Tratras[es’] Mt. Lebanon home and was told by high[-]ranking
police officers “this could be a dangerous situation” and “could
absolutely be a worst-case scenario.” Officer Barnes, with a long
rifle and wearing 2 ballistic vests, approached the home with 3
other police officers. George … then began firing a gun at the
police, and Officer Barnes was hit by a bullet in the vest. George
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4 There is evidence in the record, via a note from the social worker, that John
and Ana later denied having concerns George would harm anyone or himself.
See Visit Report at 63-64 (“[Social worker] spoke with [George’s] parents Ana
and John. Ana reports she did not want a 302 petitioned [sic] and that she
would like [George discharged] home today, she denies that [George] needs
any inpatient or outpatient treatment, she denies concerns that [George] is a
danger to himself or others. John reports to [social worker] that [George] is
religious at baseline. He states he would like [George discharged] home,
[and] states this was a big misunderstanding following an argument he and
[George] had. He reports [George] did not threaten anyone and John denies
having concerns that [George] would harm anyone or himself. … John states
he felt pressured by the police to petition the 302, [and] John states his own
judgement [sic] was impaired when filing the 302 due to his insomnia and lack
of sleep the night before.”). The social worker also noted “[p]olice have
removed all guns from the home, they are in storage at the police station per
John[,]” and “John reports he, his wife, and [George] are unhappy that the
guns were removed from the home and…[,] if he knew this would be a
repercussion of the 302[,] then he never would have signed the 302 petition.”
Id. at 65. According to the social worker’s note, John reported George
“collects firearms but has never used them inappropriately or threatened
anyone with these firearms. … [John] states [George] had plans to become a
registered firearms salesman and open his own gun shop.” Id.
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… was able to escape from the home to a car. He was followed by
the police until he wrecked the car he was driving and used his
gun to take his own life.
Although not bleeding, Officer Barnes was quite aware he had
been struck by a bullet. He was transported to the Mercy Hospital
emergency room and was released at 5:00 a.m. on July 29, 2021.
He sustained a contusion and hematoma to his abdominal wall
from the bullet hitting his ballistic vests. Officer Barnes reports
also injuring his shoulder and back during the incident, with the
shoulder requiring surgery in January of 2022. Officer Barnes also
was treated for Post Traumatic Stress Disorder and was unable to
work for approximately 10 months. However, as a police officer[,]
he received Heart and Lung Act benefits (see 53 P.S. §[]637) of
100 percent of his salary, but not including the overtime he
regularly worked.
Trial Court Opinion (“TCO”), 11/6/25, at 1-4 (some brackets in original; some
capitalization modified).
Officer Barnes and Mrs. Barnes subsequently filed an action against St.
Clair Hospital and Dr. McBride.5 In the operative complaint, Appellants
brought direct liability claims against both St. Clair Hospital and Dr. McBride
pursuant to Section 114 of the MHPA for willful misconduct/gross negligence
in examining, treating, and discharging George, as well as a claim against St.
Clair Hospital for vicarious liability/respondeat superior. See Appellants’
Fourth Amended Complaint, 3/24/23, at ¶¶ 131-47, 148-62, 163-65. Mrs.
Barnes also advanced a claim for loss of consortium. Id. at ¶¶ 166-68.
On July 11, 2025, Appellees filed a motion for summary judgment. First,
they argued they did not owe Officer Barnes a duty of care because he was
____________________________________________
5 Appellants also named the estates of John, Ana, and George as defendants
in the lawsuit, but later reached out-of-court settlements with them. TCO at
4.
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not a foreseeable victim of Dr. McBride’s decision to discharge George from
St. Clair Hospital, and the MHPA does not create a duty owed to the public at
large. Appellees’ Motion for Summary Judgment at ¶¶ 3-4, 12. Second, they
contended Officer Barnes’ claims are barred by the professional rescuer
doctrine and/or the assumption of risk doctrine, arguing Officer Barnes
appreciated the gravity of the danger of an armed assailant and cannot
recover for a dangerous situation he voluntarily encountered as part of his
employment as a police officer. Id. at ¶¶ 3, 5, 13.
In response, Appellants first denied Officer Barnes was not a foreseeable
victim, arguing Appellees knew or should have known George posed a serious
risk of harm to himself, his parents, and the public; claiming it was reasonably
foreseeable police officers would have to respond to the scene of any situation
involving George; and highlighting George’s diagnosis of psychosis, threats
against his parents, collection of firearms, and lack of plan to seek further
mental health support. See Appellants’ Brief in Opposition, 8/26/25, at 17,
19-31. Second, Appellants denied their claims are barred by the professional
rescuer doctrine and/or the assumption of risk doctrine, stating the
professional rescuer doctrine has not been adopted in Pennsylvania and is not
typically used in this type of scenario, and any alleged assumption of risk by
Officer Barnes would not negate the fact Appellees were grossly negligent in
their treatment and discharge of George. Id. at 31-32, 34.
On August 28, 2025, the trial court entered an order granting summary
judgment in favor of Appellees on all claims based on the professional rescuer
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doctrine. Order, 8/28/25. Appellants timely appealed and, after being
directed by the trial court to do so, they filed a timely concise statement
pursuant to Pa.R.A.P. 1925(b).
The trial court later issued a Rule 1925(a) opinion, explaining the
professional rescuer doctrine applied because the risk of being shot was known
and obvious to Officer Barnes when he went to apprehend George following
the murders. See TCO at 9-10. The trial court also indicated the professional
rescuer doctrine applies to allegations of gross negligence, as it opined
allegations of aggravated forms of negligence have no bearing on Officer
Barnes’ confronting a known and obvious danger in his police work. See id.
at 13. Further, to the extent Officer Barnes complained the trial court erred
by determining his injuries were not a foreseeable result of Appellees’ actions,
the trial court stated it only granted Appellees’ summary judgment motion
based on the professional rescuer doctrine, and “agree[d] with Officer Barnes
that foreseeability would be an issue for the jury.” Id. at 14 (citing Straw v.
Fair, 187 A.3d 966 (Pa. Super. 2018)).
On appeal, Appellants raise the following issues for our review:
1. Whether the trial court erred, as a matter of law in granting
summary judgment to Appellee[s] based on the so-called
professional rescuer doctrine, a common law doctrine barring
recovery for public-safety officers injured in the line of duty where
Pennsylvania’s appellate courts have continually applied
traditional negligence principles and have expressly declined to
adopt the doctrine?
2. Whether the trial court erred in anticipating and applying a
broad version of the professional rescue[r] doctrine that conflicts
with Pennsylvania’s established tort framework, including statutes
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such as [the MHPA], which expressly provided for immunity, and
exceptions thereto, for mental health facilities and providers in the
voluntary and involuntary treatment of persons who are mentally
ill?
3. If this Court were to recognize and adopt some form of the
professional rescuer doctrine, whether the trial court nevertheless
erred in applying it as a complete bar for Appellants’ third-party
claims against Appellees that sound in gross negligence as
permitted by [the MHPA], and which is otherwise treated as an
exception to the professional rescuer doctrine?
4. Did the trial court err by allowing the Appellees to escape
liability for the dangerous situation their own gross negligence
created[?]
Appellants’ Brief at 4-5 (some capitalization modified; quotation marks
omitted).
At the outset, we recognize:
Summary judgment is appropriate only in those cases where the
record clearly demonstrates that there is no genuine issue of
material fact and that the moving party is entitled to judgment as
a matter of law. When considering a motion for summary
judgment, the trial court must take all facts of record and
reasonable inferences therefrom in a light most favorable to the
non-moving party. In so doing, the trial court must resolve all
doubts as to the existence of a genuine issue of material fact
against the moving party, and, thus, may only grant summary
judgment where the right to such judgment is clear and free from
all doubt. On appellate review, then,
an appellate court may reverse a grant of summary
judgment if there has been an error of law or an abuse of
discretion. But the issue as to whether there are no genuine
issues as to any material fact presents a question of law,
and therefore, on that question our standard of review is de
novo. This means we need not defer to the determinations
made by the lower tribunals.
To the extent that this Court must resolve a question of law, we
shall review the grant of summary judgment in the context of the
entire record.
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Dobransky v. EQT Prod. Co., 273 A.3d 1133, 1139 (Pa. Super. 2022) (en
banc) (cleaned up).
We address Appellants’ issues together, as they all revolve around
whether their allegations of gross negligence against Appellees pursuant to
Section 114 of the MHPA are barred by the professional rescuer doctrine
and/or the related assumption of risk doctrine. By way of background, with
respect to the MHPA, our Supreme Court has explained:
[T]he General Assembly enacted the MHPA in 1976. The purpose
of the MHPA is to establish procedures to effectuate the Act’s
policy — assuring the availability of adequate treatment to those
who are mentally ill. 50 P.S. § 7102. The legislature, through the
MHPA, and in conformity with principles of due process, sought to
assure the availability of voluntary and involuntary treatment
“where the need is great and its absence could result in serious
harm to the mentally ill person or to others.” Id. Indeed,
treatment under the MHPA can be broadly conceptualized as two
types, voluntary and involuntary. The General Assembly stressed
that treatment on a voluntary basis is preferable to involuntary
treatment, and, in all instances, the least restrictive approach
consistent with adequate treatment should be utilized. Id. …
[T]he scope of the MHPA is limited, as it establishes rights and
procedures only for the involuntary treatment of mentally ill
persons, whether inpatient or outpatient, and for the voluntary
inpatient treatment of mentally ill persons. Thus, the voluntary
treatment of outpatients falls outside the scope of the MHPA.
In furtherance of the policy of the MHPA, the General Assembly
also provided limited immunity for certain individuals providing
care to the mentally ill. Specifically, [Section] 114 protects from
civil and criminal liability those individuals and institutions that
provide treatment to mentally ill patients, and, thus, promotes the
statutory goal of ensuring such treatment remains available.
Dean v. Bowling Green-Brandywine, … 225 A.3d 859, 869
([Pa.] 2020). This immunity protection, however, does not
insulate individuals from liability for acts of willful misconduct or
gross negligence. 50 P.S. § 7114.
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Generally speaking, a medical professional has no duty under the
common law to control the conduct of a patient or warn or protect
a third party from a threat by a patient in his or her care, except
under certain limited circumstances. See generally Maas v.
UPMC Presbyterian Shadyside, … 234 A.3d 427 ([Pa.] 2020);
Emerich v. Phila[.] C[tr.] for Human Dev[.], Inc., … 720 A.2d
1032 ([Pa.] 1998). However, in tort cases, a duty may be
imposed, not only by the common law, but also through statute.
Based upon Section 114, our Court has found an affirmative duty
exists under the MHPA which requires mental health professionals
and institutions to avoid willful misconduct or gross negligence in
the treatment of mental health patients, and imposes civil liability
for a breach of that duty. Goryeb v. Commonwealth, Dep[t.]
of Pub[.] Welfare, … 575 A.2d 545, 548-49 ([Pa.] 1990) (finding
a party participating in a decision to examine, treat, or discharge
a mentally ill patient under the MHPA who commits willful
misconduct or gross negligence can be liable for such decision or
for any of its consequences); see also Sherk v. Dauphin, … 614
A.2d 226, 232 ([Pa.] 1992) (plurality).
Leight v. Univ. of Pittsburgh Physicians, 243 A.3d 126, 130-31 (Pa.
2020).
Section 114 states, in relevant part:
(a) In the absence of willful misconduct or gross negligence, a
county administrator, a director of a facility, a physician, a peace
officer or any other authorized person who participates in a
decision that a person be examined or treated under this act, or
that a person be discharged, or placed under partial
hospitalization, outpatient care or leave of absence, or that the
restraint upon such person be otherwise reduced, or a county
administrator or other authorized person who denies an
application for voluntary treatment or for involuntary emergency
examination and treatment, shall not be civilly or criminally liable
for such decision or for any of its consequences.
50 P.S. § 7114(a).
We next turn our attention to the professional rescuer doctrine, also
known as the fireman’s rule. We begin our discussion by examining Ruhl v.
City of Phila., 29 A.2d 784 (Pa. 1943). In Ruhl, Ruhl was a fireman and
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responded to a fire caused by an explosion. Id. at 784-85. Ruhl’s lieutenant
directed him to go to the other side of the street from where the fire was
occurring — a place which the lieutenant considered to be perfectly safe —
and remain there until further orders were given. Id. at 785. As Ruhl stood
on the other side of the street as ordered, another explosion occurred, killing
him. Id. The administratrix of Ruhl’s estate subsequently filed a negligence
suit against a gas company and the city. Id. at 786. After a jury found in the
administratrix’s favor, the defendants sought judgment notwithstanding the
verdict or a new trial, contending Ruhl had assumed the risk of the danger
which resulted in his death. Id. at 784, 787. Our Supreme Court rejected
this claim. It discerned Ruhl was killed in the place the lieutenant ordered him
to go and considered to be safe. Id. at 787. It explained:
It is what a fireman is doing at the time he is hurt that matters,
not the mere fact that he is a fireman. In Drake v. Fenton, … 85
A. 14 [(Pa. 1912)], a fireman on duty inside a burning building
was allowed to recover because he fell down an elevator shaft that
was unguarded contrary to law. It is one thing to say that a
fireman who has gone into a danger zone must take what he gets,
and quite another to say that a person who stops short of the
danger zone cannot recover because he is a fireman.
4 Thompson on Negligence, sec. 4618, lays down this principle,
which is abundantly sustained by the authorities: ‘The servant
does not accept the risk of dangers proceeding from the special or
unforeseen negligence of the master, or of those for whose
conduct the master is responsible, or of the negligence of the
masters which are unknown to him, such dangers not being
ordinarily incident to the business.’ See also 39 C.J. sec. 882, p.
684. It clearly cannot be said as a matter of law that the decedent
as a fire patrolman assumed the risk of being killed in a gas
explosion which resulted from the fire he officially attended. Such
a risk was not ordinarily incident to the discharge of his duties nor
did he have any actual or constructive knowledge of it with full
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appreciation of the special dangers confronting him. There is no
proof that Ruhl smelled gas before the second explosion or that
he had any reason to apprehend a second explosion of gas. There
is proof that some of his fellow patrolmen smelled no gas. Ruhl
had been at the scene less than ten minutes. He went there to
perform his duty. It was for the jury to say whether Ruhl showed
want of care under the circumstances.
Id. (cleaned up). Thus, the Court affirmed the judgment entered in favor of
the administratrix. Id.
Decades later, in 1988, this Court confronted the fireman’s rule in Mull
v. Kerstetter, 540 A.2d 951 (Pa. Super. 1988), and looked to Ruhl for
guidance. According to the complaint in Mull, Mull, a volunteer fireman,
responded to a fire called in by the defendant at his premises. Id. at 951-52.
Once at the scene, Mull was hosing the fire when he stepped into an open
window well, which was unguarded, unmarked, and unprotected, and
sustained serious injuries. Id. at 952. Mull claimed the defendant was
negligent by failing to illuminate the yard, warn about the holes, or keep Mull
from falling into the dangerous well. Id. The trial court granted the
defendant’s preliminary objections based on the fireman’s rule. Id. On
appeal, this Court opined:
Our examination of the case law on the subject at hand, albeit
sparse, leads us to conclude that the Pennsylvania Supreme Court
is not predisposed to adopt the [f]ireman’s [r]ule, regardless of
whether it be the version that firemen assume the risk of any and
all injuries that may befall them while they are on duty or that the
rule extends only to negligence which brings firemen to the scene.
We do so on the strength of the still viable 1943 decision of our
Supreme Court in Ruhl…, which the court below has
misinterpreted in support of its contrary position.
Id. at 952-53 (cleaned up).
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After discussing Ruhl, this Court applied Ruhl’s reasoning to the case
before it, explaining:
Instantly, [Mull] claim[s] that the defendant was negligent in
maintaining a hazardous condition on his premises in the form of
window wells, approximately three to four feet in depth, the
detection of which was impaired, purportedly, by the lateness of
the hour and the absence of illumination as to their location.
Accordingly, as we read the complaint, the breach of duty here
asserted does not concern itself with the manner in which the fire
was started. Rather, it involves the duty owed to any licensee
who enters the premises—it is a duty to warn of dangerous hidden
conditions.
In other words, reference to the [f]ireman’s [r]ule was
inappropriate to the disposition of [Mull’s] preliminary objections.
Instead, given Ruhl’s preoccupation with the complainant’s
conduct (“what was he doing at the time he was hurt”), as
opposed to his appellation (“fireman”), the court below should
have determined the sufficiency of the complaint under a
negligence standard, i.e., was there an allegation of a duty owed
the plaintiff by the defendant (either statutory or common law)?,
was there a breach of the duty asserted?, and did the plaintiff
sustain any injuries as a proximate cause of the breach of the duty
owed by the defendant?
In light of the error of law committed by the court below, i.e.,
relying on the [f]ireman’s [r]ule to sustain the defendant’s
preliminary objections on a per se rule that firemen assume the
risk of their on-duty injuries as a matter of law, it must be
rejected. As a result, we deem it prudent to reverse the order
appealed and remand to afford the court below the opportunity to
assess the sufficiency of the complaint under general principles of
negligence law.
Id. at 953-54 (cleaned up).
This Court again addressed the fireman’s rule in Holpp v. Fez, Inc.,
656 A.2d 147 (Pa. Super. 1995). There, Holpp, a police officer, responded to
a complaint of disorderly conduct at a banquet hall hosting a New Year’s Eve
party where a fight had broken out among its patrons in the early morning
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hours. Id. at 148. When Holpp arrived at the scene, the fight had already
been diffused but he observed some of the guests were intoxicated and rowdy.
Id. Because of the size and nature of the gathering, Holpp agreed to return
to the establishment around 2:00 a.m. to assist in dispersing the crowd. Id.
When Holpp returned later, he again observed several intoxicated and rowdy
patrons, and another altercation broke out amongst them. Id. As Holpp was
attempting to assist another officer with arresting one of the patrons, he was
grabbed by another patron and thrown to the ground, where an unidentified
person stepped on his hand. Id. Holpp suffered hand and shoulder injuries
as a result. Id. Subsequently, he sued the banquet hall, claiming it had been
negligent in serving alcoholic beverages to intoxicated patrons and in
permitting an unsafe condition to exist on its premises. Id. The trial court
granted summary judgment in favor of the banquet hall, and Holpp appealed.
Id.
On appeal, this Court affirmed. We recognized the fireman’s rule has
not been adopted in Pennsylvania, and instead applied general negligence
principles to the matter at hand, explaining:
The “fireman’s rule”, which provides that a police officer or fire
fighter who enters upon the land of another in connection with
official duties cannot recover from the possessor of land for
subsequent injuries, has not been adopted in Pennsylvania. A
police officer who enters upon another’s land in his or her official
capacity and in response to a call for assistance is generally
considered a licensee. In such situations, the land[]owner’s duty
is to warn the licensee of dangerous hidden conditions. Even if a
police officer enters another’s land as an invitee, moreover, the
possessor of the land does not become an insurer of the officer’s
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safety. The possessor’s duty is only to use reasonable care to
protect his or her invitees from unknown or nonobvious dangers.
Here, … Holpp had been called to the [banquet hall] to quell a
disturbance. He agreed to return at a later time to provide further
assistance if necessary. When he returned, he was acting in his
official capacity, was aware of the potential for violence among
patrons who had been consuming alcoholic beverages, and was
conscious of the attendant risks. Under such circumstances,
whether Holpp be considered an invitee or a licensee, the trial
court could conclude, as a matter of law, that [the banquet hall]
had breached no duty to … Holpp.
Id. at 149 (cleaned up).
Finally, this Court revisited the fireman’s rule in Juszczyszyn v. Taiwo,
113 A.3d 853 (Pa. Super. 2015). In a fact pattern similar to Holpp, the
complaint alleged Juszczyszyn, a police officer, responded to a disturbance
call regarding an unruly patron at a lounge. Id. at 855. While attempting to
intervene in the disturbance, an intoxicated patron assaulted Juszczyszyn,
causing him to suffer injuries. Id. Juszczyszyn filed a complaint against the
lounge for, inter alia, negligence. Id. The lounge filed preliminary objections,
which the trial court sustained. Id. On appeal, we affirmed based on general
negligence principles in premises liability cases, applying the same rationale
of Holpp. Id. at 857 (“We are satisfied that the decision in Holpp established
that under the circumstances presented in the instant case, Juszczyszyn, a
police officer who was responding to a call and in the performance of his
duties, was a licensee, and [the lounge was] required only to warn [him] of
dangerous hidden conditions.”). In doing so, in a footnote, we noted with
approval a discussion of the fireman’s rule from a 1986 court of common pleas
decision, “which acknowledged that, despite not formally adopting the
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fireman’s rule, ‘courts almost universally recognize that neither a fireman nor
a policeman can recover when their complaint is based on the same conduct
that initially created the need for the officer’s presence in his official capacity.’”
Id. at 857 n.4 (citing Trudnak v. Lilley, 44 Pa. D. & C.3d 493, 498, 1986 WL
20812 (C.P. Union County 1986)).
Having reviewed the relevant law, we now consider the parties’
arguments. Appellants argue, “[f]or over eighty years, since Ruhl…[,]
Pennsylvania’s appellate courts have consistently rejected a per se bar on
recovery for public-safety officers,” instead applying “the traditional
princip[les] of negligence that focus on what the officer was doing at the time
of the injury and what duty, if any, was owed by the defendant.” Appellants’
Brief at 9. According to Appellants, the trial court “elevated the mere fact that
Appellant was an on-duty police officer over an analysis of the specific duty
Appellees owed to Officer Barnes under the [MHPA].” Id. at 11. Under Section
114(a) of the MHPA, Appellants say mental health professionals and
institutions have an affirmative duty to avoid willful misconduct or gross
negligence in the treatment of mental health patients, and civil liability is
imposed for breach of that duty. Id. at 12. Further, if this Court were to
adopt a form of the professional rescuer doctrine, Appellants say claims of
gross negligence and willful misconduct should be exceptions to it. Id. at 14.
Appellees, on the other hand, advance the trial court was correct to rely
on the professional rescuer doctrine. Appellees’ Brief at 7. According to
Appellees, because Officer Barnes was employed to confront the danger
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George posed as part of his police duties, this is a textbook professional
rescuer doctrine case. Id. They also point out Officer Barnes was aware of
the specific risks associated with the situation when he was dispatched to
arrest George. Id. Appellees argue Pennsylvania has endorsed rather than
rejected the professional rescuer doctrine, claiming this Court “has
consistently emphasized the fundamental principle that a professional rescuer
who has been called to confront a dangerous situation cannot recover as a
result of the precise danger confronted.” Id. at 21 (citing Juszczyszyn,
supra; Holpp, supra). They additionally claim this Court has recognized the
professional rescuer doctrine applies in situations where a plaintiff police
officer is allegedly harmed as a result of inadequate mental health treatment.
Id. at 21-22 (citing Heil, supra).6 To the extent Appellants insist claims of
gross negligence and willful misconduct should be exceptions to the
professional rescuer doctrine, Appellees maintain the circumstances behind
the emergency have no relevance to the doctrine’s application. Id. at 23.
Finally, Appellees advance the professional rescuer doctrine furthers vital
public interests necessary for a well-ordered society. Id. at 27; see also id.
at 28 (advocating for the application of the professional rescuer doctrine to
(1) encourage the public to seek assistance of professional rescuers; (2)
preserve public trust by not conditioning rescue on potential tort recovery;
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6 We discuss Heil further infra. See footnote 8, infra.
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and (3) spreading the risk and cost of injuries to public-safety officers through
the government that employs them).
Our review of the relevant case law, discussed supra, demonstrates a
fireman’s rule has not been adopted or applied by appellate courts in
Pennsylvania and, instead, an emergency responder’s tort claims are
evaluated under general principles of negligence law. See Ruhl, supra;
Juszczyszyn, supra; Holpp, supra; Mull, supra. Thus, we reject the
assertion by the trial court and Appellees that the professional rescuer doctrine
applies here.7, 8
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7 Insofar as Appellees make public policy arguments as to why adopting some
form of the professional rescuer doctrine is beneficial to society, we are bound
by existing precedent choosing to apply general negligence principles rather
than adopt such a rule. See Hillbrook Apartments, Inc. v. Nyce Crete
Co., 352 A.2d 148, 152 (Pa. Super. 1975) (“[W]e are not free, as an
intermediate appellate court, to overrule the decisional law enunciated by the
Supreme Court of Pennsylvania.”) (citations omitted); see also
Commonwealth v. May, 271 A.3d 475, 482 (Pa. Super. 2022) (recognizing
a three-judge panel of this Court is not empowered to overrule another panel
of the Superior Court).
8 Appellants point out that, in Juszczyszyn, this Court noted approval for a
trial court’s discussion acknowledging that, “despite not formally adopting the
fireman’s rule, ‘courts almost universally recognize that neither a fireman nor
a policeman can recover when their complaint is based on the same conduct
that initially created the need for the officer’s presence in his official capacity.’”
Juszczyszyn, 113 A.3d at 857 n.4 (citing Trudnak, supra). However,
because the Juszczyszyn Court applied general negligence principles of
premises liability law to reach its disposition, we consider this language to be
dicta. See In re Huff, 334 A.3d 232, 245 n.11 (Pa. 2025) (“Dicta is an
opinion by a court on a question that is directly involved, briefed, and argued
by counsel, and even passed on by the court, but that is not essential to the
decision. Dicta, thus, has no precedential value.”) (cleaned up; italicization
(Footnote Continued Next Page)
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To the extent the trial court and Appellees also suggest Officer Barnes
assumed the risks of the situation through his employment as a police officer
and by voluntarily encountering the danger, we also deem the more general
doctrine of assumption of risk inapt to bar Appellants’ claims under the MHPA.
The assumption of risk doctrine “eliminates a defendant’s duty of care to the
plaintiff where the plaintiff has consented to relieve the defendant of that duty
or the plaintiff has voluntarily participated in an activity which carries an
inherent risk of the very damages which the plaintiff sustained.” Massaro v.
McDonald’s Corp., 280 A.3d 1028, 1037 (Pa. Super. 2022) (citations
omitted).9 Importantly, unlike the cases discussed above, this is not a
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added); see also McKeehan v. Milton S. Hershey Med. Ctr., 328 A.3d
1059, 1065 n.1 (Pa. Super. 2024) (observing this Court is not bound by
decisions of the court of common pleas).
Similarly, we consider language from Heil — cited by Appellees — to be
non-controlling. In Heil, this Court indicated in a footnote that, although
Pennsylvania has previously declined to adopt the fireman’s rule in a
landowner’s duty context, there was no prohibition to its application in
circumstances where a mental health patient having a psychotic episode drove
his car into a police van, injuring a police officer who subsequently sued the
patient’s providers. See Heil, 662 A.2d at 671, 671 n.3. This Court has
already determined this footnote is dicta. See Bole v. Erie Ins. Exch., 967
A.2d 1017, 1021 (Pa. Super. 2009) (deeming the footnote about the fireman’s
rule in Heil to be dicta, as the Heil Court also found the situation was not
reasonably foreseeable). We also observe the Heil Court did not explain its
reasoning for why the fireman’s rule could apply in situations other than
premises liability, nor why cases like Mull and Holpp did not control.
9 This Court has recognized the assumption of risk doctrine has fallen into
disfavor but remains viable in Pennsylvania. See, e.g., Staub v. Toy
Factory, Inc., 749 A.2d 522, 528 (Pa. Super. 2000) (en banc) (discussing,
inter alia, our Supreme Court’s attempts to abolish and limit the assumption
of risk doctrine, and the debate about whether assumption of risk can exist in
a comparative negligence jurisdiction).
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premises liability case. Instead, here, Appellants brought their claims against
Appellees pursuant to Section 114 of the MHPA, asserting they were grossly
negligent in examinin