Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

AYALA ET AL. v. PHILADELPHIA BOARD PUBLIC EDUCATION (11/28/72)

decided: November 28, 1972.

AYALA ET AL., APPELLANTS,
v.
PHILADELPHIA BOARD OF PUBLIC EDUCATION



Appeals from order and judgment of Court of Common Pleas, Trial Division, of Philadelphia, Dec. T., 1971, No. 2726, in case of William A. Ayala, Jr., a minor, by his father and guardian, William Ayala and William Ayala in his own right v. Philadelphia Board of Public Education.

COUNSEL

Stephen M. Feldman, with him Joseph G. Feldman, and Feldman & Feldman, for appellants.

Robert T. Lear, for appellee.

Wright, P. J., Watkins, Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. Concurring Opinion by Hoffman, J. Spaulding, J., joins in this concurring opinion. Concurring Opinion by Packel, J.

Author: Per Curiam

[ 223 Pa. Super. Page 172]

Order and judgment affirmed.

Disposition

Order and judgment affirmed.

Concurring Opinion by Hoffman, J.:

In this appeal, appellant presents a classic situation where the doctrine of governmental immunity has always been applied. Appellant's sole argument is that this judicially-created immunity should be abolished.

In the court below, appellants brought an action in trespass to recover damages for personal injuries suffered by the fifteen-year-old minor plaintiff which resulted in amputation of the minor's arm. The injury occurred while minor-plaintiff was operating a shredding machine in the upholstery class in the Carrol School in Philadelphia where he was a student. Defendant's

[ 223 Pa. Super. Page 173]

    preliminary objections to appellants' complaint raising the defense of governmental immunity were granted, and judgment was entered ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.