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WATERS ET AL. v. EVANS (05/20/71)

SUPERIOR COURT OF PENNSYLVANIA


decided: May 20, 1971.

WATERS ET AL., APPELLANTS,
v.
EVANS

Appeals from order of Court of Common Pleas, Trial Division, of Philadelphia, Aug. T., 1968, Nos. 2814D, 2815E, and 2816A, in case of Anthony Waters, a minor, by his mother and next friend, Delores B. Waters and Delores B. and Samuel M. Waters v. Samuel Evans, Barbara Weems, Isaiah Crippins and City of Philadelphia; Charles Hicks, a minor by his mother and next friend, Lillian D. H. Pettaway and Lillian D. H. Pettaway v. Same.

COUNSEL

Mark S. Levy, with him Martin M. Krimsky, and Kremer, Krimsky & Luterman, for appellants.

Ragan A. Henry, with him Steven E. Angstreich, and Goodis, Greenfield & Mann, for appellees.

Wright, P. J., Watkins, Montgomery, Jacobs, Spaulding, and Cercone, JJ. (Hoffman, J., absent). Dissenting Opinion by Montgomery, J. Jacobs, J., joins in this dissenting opinion.

Author: Per Curiam

[ 218 Pa. Super. Page 142]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Montgomery, J.:

I respectfully dissent from the action of the majority in affirming the order of the lower court in sustaining preliminary objections and dismissing the complaints.

In cases of this nature against public officials it is necessary to allege a malicious design to do injury or "with such a reckless and wanton disregard of his interests as would be equivalent to malicious intent." Yealy v. Fink, 43 Pa. 212, 218 (1862). Considering the grave responsibility placed on these defendants to provide a safe place for indigent children to enjoy a short summer vacation, I am of the opinion that the allegations of the complaint satisfy the rule.

[ 218 Pa. Super. Page 143]

The complaint alleges that the defendants knew that Camp George was unaccredited but nevertheless they failed to investigate it or inspect the camping conditions existing there or the programs being conducted there. If these allegations can be proved, they constitute the greatest dereliction of duty that is imaginable.

I would reverse the orders and let the cases proceed to trial.

19710520

© 1998 VersusLaw Inc.



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