Aрpellants, Sharen and Wilbert Bell, appeal from the trial court’s order sustaining preliminary objections in the nature of a demurrer filed by Appellees, John Irace and Elizabeth Reis. The Bells sued Irace and Reis for negligence, but pursuant to the preliminary objections, the trial court dismissed the suit based on Appellants’ failure to allege sufficient facts in their complaint to establish proximate causation between Appellants’ injuries and the alleged negligence of the Appellees. We affirm the trial court’s order dismissing Appellants’ complaint.
Appellants advance two arguments to persuade us that they have alleged sufficient facts to establish proximate causation. First, they argue that ordinary negligence principles pertaining to proximate causation are satisfied in this case. Second, they contend that even if we find, as a matter of law, that *301 proximate causation is not satisfied in this manner, the “rescue doctrine” is applicable as an alternative means of satisfying the proximate causаtion requirement. We will review Appellants arguments, keeping in mind that the essential issue to be decided is whether the averments contained in Appellants’ complaint are sufficient to invoke principles of substantive law which would entitle Appellants to relief.
Appellate review requires us to accept as true all the material facts set forth in Appellants’ complaint “and all reasonable inferences deducible from those facts.... [W]e then determine whether [Appellants have] failed to state a claim for which relief may be granted,” with all doubts resolved in favor of the pleader.
Field v. Philadelphia Electric Co.,
The factual events, as set forth in Appellants’ complaint, progressed as follows: Appellee Reis was crossing an intersection on foot when she was struck by a vehicle driven by Appellee Irace. Both Appellees were allegedly negligent in causing the collision between them. 1 Appellant Sharen Bell was working as an emergency medical technician (EMT) and was called to the accident scene. Bell administered aid to Appellee Reis who was reacting to her own injuries. Through her reactions, Reis severely injured Sharen Bell’s arm, wrist, and hand. Mrs. Bell sued both Irace and Reis to recover for her injuries. Wilbert Bell, the husband of Sharen Bell, sued Aрpellees for a loss of consortium.
Appellants first contend that they have alleged sufficient facts to warrant a finding of proximate cause through the application of ordinary principles of negligence. We disagree. *302 An application of the definition of proximate cause to the alleged facts reveals that Appellants’ complaint does not satisfy the proximate causation requirement which would create a question of fact for the jury.
Unlike causation in fact, with which proximate causation is “often hopelessly confused,” proximate causation “is primarily a problem of law.” W.P. Keeton, Prosser and Keeton on Torts (5th ed.1984) at 273. The question depends “essentially on whether the policy of the law will extend the responsibility for the [negligent] conduct to the consequences which have in fact occurred.... The term ‘proximate cause’ is applied by the courts to those more or less undefined considerations which limit liability even where the fact of causation is clearly established.” Id.
Many theories of “proximate,” or “legal,” cause have been advanced and applied to numerous and diverse types of cases. Id.
2
Abiding by the principle stated in the Second Restatement of Torts, it is a Pennsylvania court’s responsibility to evaluate the alleged facts and refuse to find an actor’s conduct the legal cause of harm when” ’ it appears to the court
highly extraordinary
that [the actor’s conduct] should have brought about the harm.’ ”
White v. Rosenberry,
Having carefully reviewed the alleged facts in light of these principles of proximate causation, we conclude that the law was correctly discussed and the issue was correctly decided by the learned trial judge, who explained:
*303 At some juncture, which cannot be defined in unequivocal terms, the links which bind together the causal chain conneсting conduct to injury must be severed because of [remoteness]. Fundamentally, the generic theory of cause and effect can be traced philosophically to a wide variety of factual situations. As a consequence, because of the need to reasonably limit the impact of a negligent act, the law recognizes that there must be a reasonably close causal connection between conduct and the resulting injury. The standard used to apply the test is termed proximate cause which is the measure applicable to those nebulous situations which limit liability even where the fact of causation can be somehow demonstrated.... Consequently, a point is reached where the legal chain of causation corrodes and the law then refuses to further trace the series of unfolding events connecting an act to an injury. That juncture has been reached here. Neither defendant here could reasonably be expected to foresee that the fortuitous acts which served to bring them together would be thе source of an injury sustained by a medical technician who would be summoned to the scene of the accident for the purpose of providing aid.
Trial Court Opinion at 5-6 (citations omitted; emphasis added);
cf. McPeake v. Cannon,
Appellees can be held liable only for those risks which persons in their positions could reasonably foresee.
Zanine v. Gallagher,
We therefore hold that under the “factual” allegations of Appellants’ complaint, the negligence, if any, of the Appellees in causing the collision between them is not the proximate cause of the injury received by the Appellant wifе. We agree with the trial court that it was highly extraordinary for Appellees’ conduct to have brought about the harm complained of, and we conclude as a matter of law that the alleged facts, together with all reasonable inferences deducible from those facts, are insufficient to warrant a finding of legal causation.
Even though we have found the element of proximate causation unmet as a matter of law, Appellants argue in the alternative that the “rescue doctrine” applies to satisfy the element for thein. In very special cases, the law has created a narrow exception to the ordinary principles of negligence which require a shоwing of proximate causation., In certain situations where a litigant otherwise would not recover for a failure to satisfy the proximate causation requirement, the law *305 supplies another means to meet the requirement through the “rescue doctrine,” thereby permitting recovery.
The rescue doctrine was adopted by the Supreme Court in
Corbin v. City of Philadelphia,
In recent times, the defense of contributory negligence has been modified by the Comparative Negligence Act, 42 Pa.C.S. § 7102. Even so, jurisprudence has recognized a sole, surviving purpose of the doctrine as establishing a causal connection between a defendant’s original negligence and a plaintiff/rescuer’s injury where a causal connection might not otherwise exist.
Pachesky v. Getz,
The rescue doctrine, though infrequently cited, hаs been applied in cases where a plaintiff is injured while “rescuing” a defendant from a perilous situation created by the defendant’s own negligence.
Id.
at 514,
*306 If the rescue doctrine were applicable in favor of Appellants, it is true that they would have made out a case sufficient to withstand Appellees’ demurrer. But, because the facts as alleged in Appellants’ complaint do not support a finding that Mrs. Bell, as an EMT, undertook a “rescue” as that term has been construed, the rescue doctrine is not applicable here.
In order to constitute a “rescue,” a person must attempt to prevent another person from suffering serious injury or death.
Id.
at 517,
For example, in Pachesky v. Getz, a woman noticed a man slumped motionless over the steering wheel of a car. The car was stopped in the middle of the street, its windows were up, the headlights were on, and the engine was running. The woman, believing the man was overcome by carbon monoxide, pounded on the windshield, shouted, and finally opened his car door to turn off the ignition. The woman acted in order to prevent the imminent peril of serious injury or death apparently confronting the man.
Likewise, in
Corbin v. City of Philadelphia,
a boy had fallen to the floor of a trench which was 28 feet deep. Strong gases present in the trench had caused sewer workmen to discontinue their work there earlier. The boy had fallen face-first and this prompted another boy to enter the trench, seeking to prevent imminent, serious injury or death to the first boy. Other examples of situations in which an individuаl’s actions would constitute a “rescue” include a person diving in after a child who has fallen into a stream, or a person pushing to safety a traveler who is standing between railroad tracks when surprised by an oncoming train.
See also Lowrey v. Horvath,
*307
Unlike the foregoing examples, however, the facts alleged in Appellants’ complaint, together with the reasonable inferences deducible from those facts, do not support a finding that Sharen Bell was responding to an imminent, urgent threat to Ms. Reis’ life or body. The allegations in the complaint do not indicate the severity of Ms. Reis’ injuries, whether her injuries were life-threatening, or whether Ms. Reis was conscious or in any immediate danger. Appellants’ allegation that Sharen Bell was “providing aide [sic] to Defendant REIS” (paragraph 7, Appellants’ complaint) does not suggest that Sharen Bell acted to prevent death or serious bodily harm to Ms. Reis.
Furthermore, Sharen Bell was not injured while attempting a heroic rescue of the nature contemplated by the rescue doctrine. She arrived upon the scene after the accident had occurred and was injured while providing post-accident medi *308 cal care to the pedestrian/victim. The rescue doctrine does not apply where, as here, a plaintiff gave assistance after the imminent peril had ceased. Because we conclude that the rescue doctrine does not apply in this case, it is not necessary for us to decide the question raised by Appellants whether the rescue doctrine is available to “involuntary,” or professional, rescuers.
In Appellants’ brief opposing Appellees’ preliminary objections, Appellants timely requested leave to amend their complaint “[i]n the event the [trial court found] that the Defendants’ Preliminary Objections should be sustained.” Because Appellants do not specify how they would amend their complaint, it is unclear to us how the amendment would in any way overcome our conclusions. Therefore, we decline to grant Appellants leave to amend their complaint.
Because in this case ordinary principles of proximate causation are not satisfied, and alternatively, the rescue doctrine does not apply, we affirm the order sustaining the preliminary objections in the nature of a demurrer. In аccordance with our scope of review, we are certain that Appellants could not possibly prevail in their case against Appellees on the facts presented.
Order sustaining preliminary objections in the nature of a demurrer affirmed.
Notes
. Appellants’ only allegation of Appellee Reis' negligence was the manner in whiсh Reis was crossing the street at the time of the collision. Appellants allege no subsequent acts of negligence nor intent to do harm on Reis' part. Because of this, we can consider the potential liability of both Appellee Reis and Appellee Irace simultaneously. Both Appellees’ alleged negligence occurrеd at the same time and therefore, we will not treat them separately here. Likewise, the result as to each will be the same.
. Prosser and Keeton instruct that jurisdictions have adopted dozens of tests and formulas in the hope of finding a "universal solvent for all of the problems of 'proximate cause.' ”
. Although Zanine discusses the foreseeability of risks in the context of the duty of care owed by a plaintiff, conclusions drawn relative to duty are very similar, if not identical, to those which can be drawn when considering proximate cause. Prosser and Keeton explain as follows:
It is quite possible to state every question which arises in connection with "proximate cause” in the form of a single question: was thе defendant under a duty to protect the plaintiff against the event *304 which did in fact occur? ... “[D]uty” may serve to direct attention to the policy issues which determine the extent of the original obligation and of its continuance, rather than to the mechanical sequence of events which goes to make up causation in fact.... [WJhether the defendant stands in any such relation to the plaintiff as to create any legally recognized obligation of conduct for the plaintiff’s benefit; ... whether the interests of the plaintiff are entitled to legal protection at the defendant’s hands against the invasion which has in fact occurred; ... or whether the conduct is the "proximate cause” of the result [—] all of these questions are, in reality, one and the same.
W.P. Keeton, Prosser and Keeton on Torts (5th ed.1984) at 274.