McKenna v. Mooney

The wrongful death and survival actions underlying this appeal alleged that the Defendant-Appellant (hereinafter Mooney) was negligent in his medical and psychiatric care of the Plaintiff-Appellees’ decedent. After an amended complaint was filed, Mooney filed his answer on January 28, 1987. On December 11, 1987, Mooney sought leave of court to amend his answer to plead the immunities included in the Mental Health Procedures Act (the Act), 50 Pa.C.S.A. §§ 7101, et seq. The court denied Mooney’s petition without prejudice to refile it if he could allege that the treatment was provided in…