Appeal from order of Court of Common Pleas of Montgomery County, No. 70-4056, in case of Michael Flisek, a minor by his parents and natural guardians, Walter Flisek and Caroline Flisek, in their own right, v. Star Fireworks, Inc., a/k/a Star Fireworks Manufacturing, Inc. and Borough of Bridgeport and Bridgeport Community Fund, Inc. and Upper Merion Area School District and Frank Stalone.
Benjamin Kuby, with him Jerold Allen, Charles Blasband, and Klovsky, Kuby and Harris, for appellants.
Andrew L. Braunfeld, with him Waters, Fleer, Cooper & Gallager, for appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J. Spaulding and Cercone, JJ., join in this dissent.
[ 220 Pa. Super. Page 351]
Dissenting Opinion by Hoffman, J.:
This is an appeal from the order of the lower court sustaining appellee's preliminary objections to the complaint on the grounds that appellee Borough of Bridgeport was engaged in a governmental function and was therefore immune from liability in tort.
On July 14, 1968, the minor-appellant suffered severe injury when his right hand was blown off while he was playing with an aerial bomb firecracker which
[ 220 Pa. Super. Page 352]
he found in the Bridgeport Memorial Park. The park is allegedly "owned and controlled by the Bridgeport Community Fund, Inc., or in the alternative, was controlled by the Upper Merion School District." Appellant claims that the aerial bomb which injured him belonged to defendant Frank Stalone, who acted for Star Fireworks, Inc., and The Lady of Mt. Carmel Roman Catholic Church. ...