Appeals from orders of Court of Common Pleas, Civil Division, of Allegheny County, July T., 1968, Nos. 3184 and 3927, in case of Brenda Lee Kitchen, a minor, by her parent and natural guardian, Donna Lang, and Donna Lang, in her own right v. Wilkinsburg School District; John Hansen, a minor, by his parent and natural guardian, Edward J. Hansen and Edward J. Hansen, in his own right v. Wilkinsburg School District and Borough of Wilkinsburg.
Leonard A. Costa, Jr., with him Robert Rade Stone, for appellants.
Arthur R. Gorr, with him Stein & Winters, for appellees.
Wright, P. J., Watkins, Jacobs, Hoffman, Cercone, and Packel, JJ. (Spaulding, J., absent). Dissenting Opinion by Hoffman, J.
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Dissenting Opinion by Hoffman, J.:
This is an appeal from the order of the court below sustaining appellees' preliminary objections to the amended complaint. The lower court sustained the preliminary objections because it found that the appellees were engaged in a governmental function and were therefore immune from liability in tort.
In the summer of 1966 the two minor appellants, aged seven and eleven, were seriously injured when they fell from a playground apparatus commonly known as "monkey bars" while participating in the Wilkinsburg School District Summer Recreation Program. The summer recreation program, which was open to residents and nonresidents of the school district, consisted of organized playground activities and various other summer pursuits. The appellants' complaint charges the Wilkinsburg School District and the
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Borough of Wilkinsburg with negligence (1) in the maintenance of a dangerous apparatus, (2) in the failure to properly inspect the apparatus to determine whether it was in a safe condition for use by minor children of tender age, (3) in the failure to provide reasonable and adequate supervision of the playground, and (4) in the violation of various statutes and ordinances pertaining to the operation of playgrounds and facilities for the use of the general public. The court below dismissed the complaint on the ground that governmental entities ...