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Emerich v. Philadelphia Center for Human Development, Inc.
Citation:
720 A.2d 1032 (Pa. 1998)Facts
Teresa Hausler and Gad Joseph were in a relationship together and both counseled by Anthony Scuderi. Both Hausler and Joseph had demonstrated a history of mental health issues, and Joseph was suffering with drug issues at the time of the incident. Hausler had recently moved out of their shared residence and was planning to go back to their shared apartment to gather some things. Before Hausler was to return, Joseph told Scuderi that he was planning to kill Hausler if she was at their apartment.
When Joseph left, Scuderi called Hausler, who was on her way to get her things from her formerly-shared apartment. Scuderi told her not to go to the apartment, but did not specifically tell her that Joseph had threatened to kill her. Hausler ignored the warning and went to the apartment anyways, and once there Joseph shot and killed her. Emerich, the administrator of Hausler’s estate, sued Scuderi and his employer, PCHD, in a wrongful death action. The trial court dismissed, and Emerich appealed.
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