Opinion
Civil Action 24-1530
09-09-2024
ESTATE OF WENDY ARIANA SPENCE, by and through BRIAN L. SPENCE AND MARITZA MOLEIRO-SPENCE, Parents and Co-Administrators of the Estate of WENDY SPENCE, Plaintiff, v. YEADON BOROUGH, et al., Defendants.
ORDER
Gerald J. Pappert, J.
AND NOW, this 9th day of September, 2024, upon consideration of the Estate of Wendy Ariana Spence's Amended Complaint (ECF No. 15), Trinity Health Mid-Atlantic Medical Group and Lyle Kunkle's Motion to Dismiss (ECF No. 17), and the Estate's Response (ECF No. 18), it is hereby ORDERED that the Motion is DENIED in part and GRANTED in part:
1. The motion is DENIED as to Count I and GRANTED as to Count III. The Estate's claims for violation of the Pennsylvania Emergency Medical Services System Act against Trinity Health and Kyle Kunkle are DISMISSED WITH PREJUDICE.