Marie M. Yurecka, Individually and as Administratrix of the Estate of William J. Yurecka, et al. v. Jeffrey Zappala, et al.

Plaintiffs-Appellants Marie Yurecka, individually and as
administratrix of the Estate of William Yurecka, and as natural
guardian of M.M. Yurecka and K.W. Yurecka, and Brian
Yurecka appeal from a judgment of the United States District
Court for the Middle District of Pennsylvania. The District
Court granted a motion for summary judgment in favor of
Defendants-Appellees Jeffrey Zappala and Arlene Piccioni-
Zappala on the ground that the rescue doctrine does not support
the Yureckas' claims arising from two automobile accidents on
the Pennsylvania Turnpike, the second of which caused the
death of William Yurecka. For the reasons that follow, we
conclude that a genuine issue of material fact exists as to
whether the rescue was ongoing at the time of the second
accident, and reverse and remand for further proceedings.

BACKGROUND

This action arises from two automobile accidents that
occurred on the Pennsylvania Turnpike on the evening of May
12, 2002. The following facts are undisputed.

While driving north on the Turnpike in heavy rainfall,
William Yurecka, his wife Marie Yurecka, and their three
children saw a white Toyota 4-Runner pass their vehicle and
travel out of sight. The Toyota 4-Runner was driven by Jeffrey
Zappala, and seated in the front passenger seat was his wife,
Arlene Piccioni-Zappala. The Yureckas later noticed the Toyota
4-Runner lying overturned off of the right side of the highway.
They decided to stop to provide assistance, as both Mr. and Mrs.
Yurecka were trained and certified in first aid by the Red Cross.
The Yureckas pulled to the side of the highway, parked their
minivan with the "hazard lights" flashing, exited the vehicle and
walked downhill toward the 4-Runner.

As the Yureckas approached the Zappalas' vehicle,
which was visibly totaled as a result of the accident, the
Zappalas managed to climb out through the rear of their
vehicle.1 Although the Zappalas said that they were "all right"
and appeared externally uninjured, they followed the Yureckas
to their minivan, where the Yureckas made room for them to sit
under the minivan's rear hatch to provide shelter from the heavy
rain. Mr. Yurecka walked to a nearby emergency call box to
phone the police and then returned to the minivan to assist the
Zappalas. The Yureckas' three children remained inside the
passenger compartment.

While the Zappalas sat beneath the rear hatch of the
Yureckas' minivan, the Yureckas verbally comforted them,
provided them with warm blankets and a pair of shoes for Mrs.
Zappala, who had lost hers in the accident, and stayed with them
to monitor for possible shock and other injuries while the Zappalas waited for police to arrive.

Approximately seventeen minutes later, while the
Zappalas waited inside the Yureckas' minivan, a third vehicle,
driven by Third-Party Defendant Robert Rockwell, lost control
on the wet highway. His vehicle swerved and hydroplaned into
the Yureckas' parked vehicle. Mr. Yurecka, who had been
standing near the rear corner of the minivan, was hit by the
Rockwell vehicle and dragged north into the left lane of the
Turnpike. The police arrived after Mr. Yurecka was hit, and he
was transported to the hospital, where he died as a result of
multiple traumatic injuries from the collision.

In May 2004, the Yureckas brought an action for
wrongful death, survival claims, and negligent infliction of
emotional distress against the Zappalas in the Luzerne County,
Pennsylvania, Court of Common Pleas. The case was then
removed to the Middle District of Pennsylvania on the basis of
diversity jurisdiction. The Yureckas' claims were based on the
Zappalas' negligence in causing the first accident, which
prompted the Yureckas to come to their rescue, placing Mr.
Yurecka in the way of harm that ultimately led to his death. The
Zappalas argued that any rescue was completed at the time of
the subsequent accident, and that the rescue doctrine no longer
applied.

The District Court agreed, granting a motion for
summary judgment on the grounds that the rescue doctrine did
not apply at the time of the second accident.2 The Court also
found, however, that the Zappalas were driving at an unsafe
speed at the time of their accident, and that the Yureckas had
been rescuers at the time they stopped to provide assistance.
Yurecka v. Zappala, No. 04-CV-1352, slip op. at 3, 12 (M.D.
Pa. Apr. 20, 2005). On April 20, 2005, the District Court granted the motion for summary judgment on all counts of the
complaint in favor of the Zappalas. The Yureckas appeal.

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