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SIMONETTI v. SCHOOL DIST. OF PHILADELPHIA

308 Pa.Super. 555 (1982)

454 A.2d 1038

Richard SIMONETTI, a Minor, by his Parent and Natural Guardian, Alberta SIMONETTI, and Alberta Simonetti, in her own right v. SCHOOL DISTRICT OF PHILADELPHIA, Appellant.

Superior Court of Pennsylvania.

Filed November 30, 1982.

Reargument Denied February 8, 1983.

Petition for Allowance of Appeal Granted May 13, 1983.

Attorney(s) appearing for the Case

Leon A. Mankowski, Philadelphia, for appellant.

Norman R. Segal, Philadelphia, for appellees.

Before WIEAND, CIRILLO and POPOVICH, JJ.

WIEAND, Judge:

Richard Simonetti, a fifth grade student, returned to the classroom from recess and was struck in the left eye by a pencil which had been propelled from the hand of a classmate when he tripped. The teacher, an employee of the School District of Philadelphia, was outside the classroom, standing at the door, when Simonetti was injured. There she was engaged in monitoring the return of her students

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