FREACH, ET AL. v. COMMONWEALTH, ET AL.

Nos. 1411 and 1412 C.D. 1974.

23 Pa.Commw. 546 (1976)

Gail Freach, Administratrix of the Estate of Paul J. Freach, Deceased; Paul Freach and Gail Freach; Dorothy Keen, Administratrix of the Estate of Edmund J. Keen, Deceased; Edmund Keen and Dorothy Keen, Plaintiffs v. Commonwealth of Pennsylvania; Pennsylvania Department of Welfare; Farview State Hospital; Pennsylvania Board of Probation and Parole; Pennsylvania Bureau of Correction, Defendants. Gail Freach, Administratrix of the Estate of Paul J. Freach, Deceased; Paul Freach and Gail Freach; Dorothy Keen, Administratrix of the Estate of Edmund J. Keen, Deceased; Edmund Keen and Dorothy Keen, Plaintiffs v. John P. Shovlin; John J. Burke; J. Harold Hughes; Stephen J. McEwen, Jr.; Tim Spizer; M.H. Truax; Ted Densham; E.J. McCann; Charles F. Genter; Bernard J. Willis; William H. Horan; Ambrose V. Lupcho; Joseph F. Comerford; Philip Powell; Joseph B. Raddin; Gerald Stanvich; Paul Farrell; Frank Walsh; Mr. Glaughlin; Mr. Cadullo; Mr. Fitzgerald; John McCrone; Al Petrucci; City of Scranton; William Russell; Kenneth Oprisko; Northeast Vector Control Assn.; John Doe; Richard Doe; Joseph Doe; Mary Doe; Ann Doe; Jane Doe; and William Wright, Defendants.

Commonwealth Court of Pennsylvania.

March 4, 1976.


Attorney(s) appearing for the Case

John E.V. Pieski, with him John P. Pesota, for plaintiffs.

Norman J. Watkins, Deputy Attorney General, Joseph Goldberg, Assistant Attorney General, Cody H. Brooks, Christian S. Erb. Jr., with them Beverly A. Nelson, Deputy Attorney General, Lawrence Silver, Deputy Attorney General, Robert P. Kane, Attorney General, Edwin L. Scherlis; Frank & Margolis; Henkelman, McMenamin, Kreder & O'Connell, for defendants.

Argued September 11, 1975, before President Judge BOWMAN and Judges KRAMER and MENCER. Reargued December 2, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE WILKINSON, March 4, 1976:

This decision concerns two trespass actions within our original jurisdiction arising out of the sexual assault and killing of two minors, Paul J. Freach and Edmund J. Keen, in Scranton on November 1, 1973, alleged to have been committed by one William Wright. Almost ten years earlier, on January 28, 1964, the Court of Common Pleas of Delaware County found Wright to be mentally ill and of criminal tendency and ordered him...

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