Opinion
Argued March 12, 1973
Decided July 2, 1973
Before JONES, C. J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.
Appeals, Nos. 73 and 74, March T., 1973, from orders of Superior Court, April T., 1971, Nos. 346 and 347, affirming judgments of the Court of Common Pleas, Civil Division, of Allegheny County, July T., 1968, Nos. 3184 and 3927, in re Brenda Lee Kitchen, a minor, by her parent and natural guardian, Donna Lang, and Donna Lang, in her own right v. Wilkinsburg School District; John Hansen, a minor, by his parent and natural guardian, Edward J. Hansen and Edward J. Hansen, in his own right v. Wilkinsburg School District and Borough of Wilkinsburg, jointly and/or severally. Orders reversed and cases remanded.
Same case in Superior Court: 222 Pa. Super. 479.
Trespass actions for personal injuries.
Orders entered sustaining defendant's preliminary objections and dismissing complaints, opinion by SMITH, JR., J. Plaintiffs appealed to the Superior Court, which affirmed the orders of the court below, opinion per curiam, dissenting opinion by HOFFMAN, J. Appeal to Supreme Court allowed.
Leonard A. Costa, Jr., with him Robert Rade Stone, for appellants.
Arthur G. Stein, with him Arthur R. Gorr, and Stein Winters, for appellees.
Orders granting appellees' preliminary objections are reversed on the basis of our decision in Ayala v. Phila. Bd. of Public Education, 453 Pa. 584, 305 A.2d 877 (1973), argued at the same time as the instant case. Cases remanded to Court of Common Pleas, Civil Division, of Allegheny County for further proceedings consistent with that opinion.
Mr. Chief Justice JONES, Mr. Justice EAGEN and Mr. Justice O'BRIEN dissent.