Matter of Estate of Keck

In this wrongful death action, Janice Cabe, the representative of the estate of Arthur Keck, appeals the trial court's order granting summary judgment to John Blair. The trial court ruled that, as a matter of law, Cabe could not establish the elements of the rescue doctrine and that the doctrine did not apply to the facts of this case. Cabe argues that the elements of the rescue doctrine are present and that genuine issues of material fact exist as to whether Keck was rescuing Blair from "imminent peril" when Keck was killed and, if so, whether Blair's negligence was the proximate cause of…