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ROBERT B. WICKS AND LUCY J. WICKS v. MONROE TOWNSHIP (03/05/81)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: March 5, 1981.

ROBERT B. WICKS AND LUCY J. WICKS, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF JILL, GEOFFREY AND AUDREY WICKS, MINORS ET AL., APPELLANTS
v.
MONROE TOWNSHIP, APPELLEE

Appeal from the Order of the Court of Common Pleas of Cumberland County in the case of Robert B. Wicks and Lucy J. Wicks, Individually and as Parents and Natural Guardians of Jill, Geoffrey and Audrey Wicks, Minors, and Charles J. Bauer and Ruth M. Bauer, Individually and as Parents and Natural Guardians of Ruth, Charles, John, Linda and Michelle Bauer, Minors, and Donald L. Sheriff and Pamela K. Sheriff, Individually and as Parents and Natural Guardians of Michael Sheriff, a Minor, and William E. Lello and Linda J. Lello v. Monroe Township, No. 802, 803, 804 and 805 Civil, 1974.

COUNSEL

Richard C. Angino, Benjamin & Angino, P.C., for appellants.

Richard C. Snelbaker, with him Marlin R. McCaleb, Snelbaker, McCaleb & Elicker, for appellee.

Judges Wilkinson, Jr., Williams, Jr. and Palladino, sitting as a panel of three. Opinion by Judge Palladino. Judge Williams, Jr. dissents.

Author: Palladino

[ 57 Pa. Commw. Page 308]

This is an appeal from an order of the Court of Common Pleas of Cumberland County, dated August 3, 1979, which sustained preliminary objections in the nature of demurrers filed by Monroe Township on the grounds that appellants' complaint failed to plead a cause of action in trespass for negligence.

After careful review of the pleadings and the applicable law involved, we must agree with the lower court that appellants' complaint was deficient on its face. Since the issues were comprehensively addressed below in the well-written opinion of President Judge Shughart, we affirm on the basis of that opinion and dismiss the present appeal.

[ 57 Pa. Commw. Page 309]

Order

And Now, March 5, 1981, the order of the Court of Common Pleas of Cumberland County, dated August 3, 1979, and docketed at Nos. 802, 803, 804, and 805 Civil 1974, is affirmed.

Judge Williams, Jr. dissents.

Disposition

Affirmed.

19810305

© 1998 VersusLaw Inc.



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