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KRISTEN MOONEY v. NORTH PENN SCHOOL DISTRICT (06/05/85)

decided: June 5, 1985.

KRISTEN MOONEY, A MINOR, BY HER PARENTS & NATURAL GUARDIANS THOMAS MOONEY & JUDITH MOONEY AND THOMAS MOONEY & JUDITH MOONEY, IN THEIR OWN RIGHT, APPELLANTS
v.
NORTH PENN SCHOOL DISTRICT, APPELLEE



Appeal from the Order of the Court of Common Pleas of Montgomery County in case of Kristen Mooney, a minor, by her parents and natural guardians, Thomas Mooney and Judith Mooney and Thomas Mooney and Judith Mooney, in their own right v. North Penn School District, No. 82-7799.

COUNSEL

Norman F. Caplan, for appellants.

Phillip B. Silverman, McGettigan, McWilliams & Silverman, for appellee.

Judges Rogers and Colins, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 90 Pa. Commw. Page 8]

Kristen Mooney and her parents, Thomas and Judith Mooney (appellants), appeal from an order of the Montgomery County Court of Common Pleas granting the North Penn School District's motion for summary judgment on the ground that the school district was immune from liability under Section 201 of the Political Subdivision Tort Claims Act, 53 P.S. ยง 5311.101.*fn1

On October 24, 1980, appellant Kristen Mooney, a student at the A.M. Kulp Middle School, in the North Penn School District, was participating in an educational activity designed by her teacher to simulate the hostage crisis in Iran. As part of the activity, Ms. Mooney was blindfolded and escorted around the school building by another student. While blindfolded, she fell down some steps and suffered injuries to her mouth.

The parents of Kristen Mooney, on her behalf and in their own right, filed suit in trespass against the school district alleging the district had been negligent in failing to provide proper supervision of the students engaged in the simulated hostage activities. The court of common pleas, as mentioned, granted the school district's motion for summary judgment and dismissed the complaint noting that conduct of the school district alleged in the complaint did not come within the eight enumerated exceptions to governmental immunity set forth in Section 202 of the Act.

The appellants contend that because the school district had exclusive control of the steps from which she

[ 90 Pa. Commw. Page 9]

    fell the school district should be held liable under Section 202(b)(3) of the Act, the real property exception to governmental immunity. We disagree.

Section 202 of the Act provided:

Exceptions to governmental ...


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