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FIALKOWSKI v. GREENWICH HOME FOR CHILDREN, INC.

No. 90-1136.

921 F.2d 459 (1990)

Leona FIALKOWSKI, as mother and Administratrix of the Estate of Walter Fialkowski, and Marion Fialkowski, as father of Walter Fialkowski, Appellants, v. GREENWICH HOME FOR CHILDREN, INC.; Marva Lucas; Northeast Community Mental Health and Mental Retardation Center, Inc.; Richard C. Surles, Administrator, Office of Mental Health and Mental Retardation, City of Philadelphia; and Russell G. Rice, Jr., Regional Commissioner of Mental Retardation, Commonwealth of Pennsylvania, Appellees.

United States Court of Appeals, Third Circuit.

Decided December 6, 1990.

Rehearing and Rehearing Denied January 3, 1991.

Attorney(s) appearing for the Case

Alan M. Sandals (argued), Peter R. Kahana, Berger & Montague, P.C., Philadelphia, Pa., for appellants.

Andrew M. Duchovnay (argued), Rawle & Henderson, Philadelphia, Pa., for appellees.

Before HIGGINBOTHAM, Chief Judge, and SCIRICA and ALITO, Circuit Judges.

Rehearing and Rehearing In Banc Denied January 3, 1991.

OPINION OF THE COURT

ALITO, Circuit Judge:

Leona and Marion Fialkowski ("the Fialkowskis"), appeal from a district court order granting summary judgment in favor of Northeast Community Mental Health and Mental Retardation Center, Inc. ("Northeast"), in their action seeking damages for the tragic choking death of their profoundly retarded adult son, Walter Fialkowski. Since we conclude that the...

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