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ELEANOR HERMAN v. GREENE COUNTY FAIR BOARD (01/21/88)

decided: January 21, 1988.

ELEANOR HERMAN, APPELLANT
v.
GREENE COUNTY FAIR BOARD, THE COUNTY OF GREENE, A MUNICIPAL CORPORATION, JAMES WOOD, AN INDIVIDUAL AND BRAD WOOD, AN INDIVIDUAL, APPELLEES



Appeal from the Order of the Court of Common Pleas of Greene County in the case of Eleanor Herman v. Greene County Fair Board, The County of Greene, a municipal corporation, James Wood, an individual, and Brad Wood, an individual, No. 663 of 1982.

COUNSEL

David R. Cashman, Cashman & Cipriani, for appellant.

David R. Johnson, with him, David B. Torrey, Thomson, Rhodes & Cowie, for appellees, Greene County Fair Board and County of Greene.

Judges Barry and Palladino, and Senior Judge Narick, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 112 Pa. Commw. Page 616]

Eleanor Herman (Herman) appeals from a decision of the Court of Common Pleas of Greene County granting a motion for summary judgment made by defendants Greene County and the Greene County Fair Board (Greene County defendants) on the basis that the

[ 112 Pa. Commw. Page 617]

Greene County defendants were immune to suit pursuant to the Political Subdivision Tort Claims Act (Act).*fn1 We affirm.

On July 15, 1982, Herman filed a complaint in trespass against the Greene County defendants and James and Brad Wood (Wood brothers) for injuries she allegedly sustained while attending the Greene County Fair on August 6, 1980. Herman was watching a horse-pulling contest when a team of horses, owned by the Wood brothers' father,*fn2 broke away from the control of the Wood brothers, their father, and another individual and ran into the crowd of spectators. Herman alleges her injuries occurred as a result of being struck by the horses' harness.

Herman averred in her complaint that her injuries were the result of the following alleged negligent actions of the Greene County defendants:

     a) In failing to properly supervise, control or otherwise handle the animals being exhibited at the fair operated by the Defendant;

     b) In failing to post barricades or other structures so as to protect the public in general and the Plaintiff, in particular, from the animals being exhibited at the fair operated by the Defendant;

     c) In failing to notice or otherwise observe the animals being exhibited at the fair operated by the Defendant, when the Defendant knew, or in the exercise of due care and caution, could and should have known that said animals were likely

[ 112 Pa. Commw. Page 618]

    to cause injuries and damages to the public in general and the ...


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