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GAINES v. KRAWCZYK

No. CIV.A. 03-1957.

354 F.Supp.2d 573 (2004)

Kimberly Ann GAINES, an individual, and William Samuel Gaines, individually and in his capacity as Personal Representative for the Estate of William Robert Gaines, Plaintiffs, v. Reverend Henry R. KRAWCZYK, United States Conference of Catholic Bishops, Roman Catholic Diocese of Pittsburgh, St. Maximilian Kolbe Parish, St. Anne Catholic Church, Our Lady of Joy Parish and John Doe Nos. 1-10, Defendants.

United States District Court, W.D. Pennsylvania.

November 18, 2004.

Attorney(s) appearing for the Case

Benjamin Wood, Christopher Hellmich, Read McCaffrey, Washington, DC, for Stephen H. Sherman.

Dennis St. John Mulvihill, Rhonda J. Sudina, Robb, Leonard & Mulvihill, Pittsburgh, PA, for Reverand Henry R. Krawczyk.

C. Clark Hodgson, Jr., Patricia Casperson, William T. Mandia, Stradley Ronon Stevens & Young, Philadelphia, PA, for U.S. Conference of Catholic Bishops.

Joseph W. Selep, Zimmer Kunz, Pittsburgh, PA, for Roman Catholic Diocese of Pittsburgh.

OPINION

CERCONE, District Judge.

Plaintiffs commenced this action pursuant to Pennsylvania's Wrongful Death and Survival Acts seeking redress for the death of their son, William Robert Gaines ("Gaines"). In the early morning hours of June 18, 2003, Gaines, after consuming alcohol, fell from a crawlspace in the attic of a local catholic church and plummeted approximately twenty-five feet through the ceiling...

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