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SHANNON MARIE LOWMAN v. INDIANA AREA SCHOOL DISTRICT (04/16/86)

decided: April 16, 1986.

SHANNON MARIE LOWMAN, A MINOR, BY AND THROUGH HER PARENT AND NATURAL GUARDIAN, JOSEPH P. LOWMAN AND JOSEPH P. LOWMAN AND TAMMIE JO LOWMAN, HIS WIFE, APPELLANTS
v.
INDIANA AREA SCHOOL DISTRICT, ET AL., APPELLEES



Appeal from the Order of the Court of Common Pleas of Indiana County in the case of Shannon Marie Lowman, a minor, by and through her parent and natural guardian, Joseph P. Lowman and Joseph P. Lowman and Tammie Jo Lowman, his wife v. Indiana Area School District, Marion Center Area School District, Borough of Indiana, White Township, Indiana Area Recreation and Parks Commission a/k/a Indiana Area Recreation and Parks Department, Pennsylvania Electric Company and Steven Moran v. The Township of White, The Indiana Area Recreation and Parks Commission, Joseph P. Lowman and Tammie Jo Lowman, his wife, individually and as parents and natural guardians of Shannon Marie Lowman, No. 2016 C.D. 1983.

COUNSEL

Jonathan B. Mack, with him, Beverly A. Gazza, Mack and Bonya, for appellants.

David A. Scotti, Reale, Fossee & Ferry, P.C., for appellee, Marion Center Area School District.

Michael Handler, for appellee, White Township.

Louis C. Long, with him, Eileen Koeffer Narvin, David M. Neuhart and Raymond H. Conaway, Meyer, Darragh, Buckler, Bebenek & Eck, for appellee, Pennsylvania Electric Company.

President Judge Crumlish, Jr., and Judges Rogers and Colins, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 96 Pa. Commw. Page 391]

Shannon Marie Lowman, a minor, by her father and natural guardian, Joseph P. Lowman, and Joseph P. Lowman and Tammie Jo Lowman, parents of Shannon in their own right, sued Indiana Area School District (Indiana), Marion Center School District (Marion), Borough of Indiana (Borough), Pennsylvania Electric Company (Penelec), Steven Moran (Moran), White Township (Township), and Indiana Area Recreation and Parks Commission (Parks Commission) in trespass for damages on account of injuries suffered by each of them as the results of Shannon's having been struck in the head

[ 96 Pa. Commw. Page 392]

    by a baseball at a high school baseball game. The plaintiffs here appeal from an order of the Court of Common Pleas of Indiana County which granted the motions for summary judgment of Indiana, Marion, Borough, Penelec, and Township.*fn1 We will refer to the appellants as plaintiffs and the appellees as defendants.

The plaintiffs alleged in their amended complaint that on May 5, 1982, they attended a high school baseball game played between Indiana High School and Marion Center High School on a field located in White Township, owned by Penelec, and leased to the Borough, Indiana, the Township, "and/or" the Parks Commission. The plaintiffs also averred that they were seated in an area "designed" for spectators; that Moran, an Indiana infielder, overthrew the baseball to first base; that the ball hit the infant Shannon in the head; and that as a result she suffered serious injuries.

The plaintiffs contended that Indiana failed to supervise or control Moran's conduct and failed "to field its high school baseball team at a safely and properly maintained and designed baseball field." With respect to all of the defendants, except Moran, the plaintiffs alleged that ...


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