No. 64 March Term, 1978, Appeal from the Order of February 15, 1978 of the Superior Court of Pennsylvania at No. 685 April Term, 1977 Affirming the Order of the Court of Common Pleas, Civil Action, Law, of Erie County at No. 1725-A-1973.
Jonathan Alberstadt, Asst. City Sol., Erie, for appellants.
M. Fletcher Gornall, Donald E. Wright, Jr., Erie, for Random Alan Ross et al.
James P. Lay, III, Erie, for Dorothy M. Scharrer.
T. Warren Jones, Erie, for Robert J. Vereb.
Will J. Schaaf, Erie, for School Dist.
Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ. Roberts and Nix, JJ., concur in the result.
On the wet morning of November 22, 1972, Random (Randy) Ross, an 11-year-old boy, was struck by a car on his way to school. As a result of his injuries, he suffered permanent brain damage.
The accident occurred at the intersection of Twenty-first and State Streets in the City of Erie (one of two appellants), where Arthur Coake (the other appellant) was on duty as a crossing guard. Coake led a group of school children, including young Randy, across State Street while appellee*fn1 Vereb's car was skidding toward them. Coake signaled for the children to run back to the sidewalk but Randy, who was at the front of the group, instead ran forward at an angle, attempting to escape the path of Vereb's car. He failed to do so and was struck by the car while he was within a crosswalk.
Randy and his parents brought suit in trespass against driver Vereb, crossing guard Coake, Coake's employer the City of Erie, and his alleged co-employer Erie School District, who in turn joined as an additional defendant Dorothy ...