Nature of the Case
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Facts
D drove her automobile over and critically injured a small child. P was employed as a police officer by the City of Pecos. When he and another officer were notified of the accident, they immediately proceeded to the scene in their separate patrol cars. The other officer administered CPR to the child, while P moved back the crowd of people who had gathered at the scene. As P began controlling the crowd, he suddenly collapsed and later died of a heart attack. P, widow, and children brought this action relying upon the rescue doctrine. The courts below held that the rescue doctrine was not applicable to these facts because no perilous situation existed to invite rescue. P appealed.
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