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LOUIS BEARDELL v. WESTERN WAYNE SCHOOL DISTRICT (08/23/85)

decided: August 23, 1985.

LOUIS BEARDELL, JR., LOUIS BEARDELL, SR. AND JANE BEARDELL, APPELLANTS
v.
WESTERN WAYNE SCHOOL DISTRICT, WAYCO, INC., SUGERMAN'S INC., WILSON & CO., ADA METAL PRODUCTS AND PASSON'S SPORTING GOODS, INC., APPELLEES



Appeal from the Order of the Court of Common Pleas of the 22nd Judicial District, Wayne County Branch, in case of Louis Beardell, Jr., Louis Beardell, Sr. and Jane Beardell v. Western Wayne School District, Wayco, Inc., Sugerman's Inc., Wilson & Co., Ada Metal Products and Passon's Sporting Center, Inc., No. 231 -- 1983.

COUNSEL

John T. McLane, Thomas J. Foley, Jr., and Associates, P.C., for appellants.

Anthony J. Magnotta, with him, Randolph T. Borden, Randolph T. Borden, P.C., for appellees.

Judges Rogers and Colins, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Blatt. Judge Barry did not participate in the decision in this case.

Author: Blatt

[ 91 Pa. Commw. Page 349]

Louis Beardell, Jr., Louis Beardell, Sr. and Jane Beardell (appellants) appeal here from an order of the Court of Common Pleas of Wayne County granting a motion for summary judgment on behalf of Western Wayne School District (district).

The appellants filed a complaint alleging that Louis Beardell, Jr. suffered severe bodily injury when he slid into second base during a baseball game played against the district's high school baseball team on a field owned by the district. They further averred in their complaint that Louis Beardell, Jr., as a member of the Dunmore High School baseball team, was participating in this sporting event at the invitation of the

[ 91 Pa. Commw. Page 350]

    district, was "using" the base for its intended purpose, and was unaware of the dangers which might result to him because of the manner in which the base was attached to the playing field. The appellants also contended that the injuries suffered by Louis Beardell, Jr. directly resulted from the negligence of the district. In particular, the complaint states, at paragraph thirty-five that

(a) [The district] failed to exercise reasonable care in installing or supervising the installation of the base and plate or in inspecting subsequent to installation the base and plate;

(b) [The district] failed to exercise reasonable care to provide a safe place for the conducting of a baseball game;

(c) [The district] failed to exercise reasonable care in failing to provide adequate warning about or the safeguards to the risks and dangers in the use of the base and plate; [and]

(d) [The district] failed to exercise reasonable care in such other manner as may be discovered ...


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