Commonwealth, Aplt. v. Hunte, L.

Summary

Justice Mundy, joining Justice Brobson’s concurring and dissenting opinion, argues that Pennsylvania’s statutory immunity for medical personnel under 75 Pa.C.S. §3755(b) is facially constitutional and should not be struck down, even when a blood draw is later deemed unconstitutional. The opinion contends that the statute’s immunity attaches at the time of the draw and should not depend on future judicial determinations.