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RIVERA v. PHILA. THEOLOGICAL SEMINARY

326 Pa.Super. 509 (1984)

474 A.2d 605

Concepcion L. RIVERA, Administratrix of the Estate of Frederick L. Rivera, Deceased v. The PHILADELPHIA THEOLOGICAL SEMINARY OF ST. CHARLES BORROMEO, INC., a/k/a St. Charles Seminary and Father Anthony Flynn, an individual, and Our Lady of Lourdes Catholic Church Appeal of OUR LADY OF LOURDES CATHOLIC CHURCH Concepcion L. RIVERA, Administratrix of the Estate of Frederick L. Rivera, Deceased v. The PHILADELPHIA THEOLOGICAL SEMINARY OF ST. CHARLES BORROMEO, INC., a/k/a St. Charles Seminary and Father Anthony Flynn, an individual, and Our Lady of Lourdes Catholic Church Appeal of The PHILADELPHIA THEOLOGICAL SEMINARY OF ST. CHARLES BORROMEO, INC., a/k/a St. Charles Seminary. Concepcion L. RIVERA, Administratrix of the Estate of Frederick L. Rivera, Deceased, Appellant v. The PHILADELPHIA THEOLOGICAL SEMINARY OF ST. CHARLES BORROMEO, INC., a/k/a St. Charles Seminary and Father Anthony Flynn, an individual, and Our Lady of Lourdes Catholic Church.

Supreme Court of Pennsylvania.

Filed March 23, 1984.

Reargument Denied May 25, 1984.

Appeal Allowed October 19, 1984.

Attorney(s) appearing for the Case

Byron L. Milner, Philadelphia, for Our Lady, appellant (at No. 310) and appellee (at Nos. 311 and 476).

Jeffrey M. Stopford, Philadelphia, for Rivera, appellant, (at No. 476) and appellee (at Nos. 310 and 311).

Charles W. Craven, Philadelphia, for Phila. Theological Seminary, appellant (at No. 311) and appellee (at No. 310 and 476).

Before SPAETH, WIEAND and HOFFMAN, JJ.

WIEAND, Judge:

Frederick Rivera, age 12, drowned while swimming in an indoor pool owned by The Philadelphia Theological Seminary of St. Charles Borromeo, Inc. (the Seminary). He was one of fourteen altar boys from Our Lady of Lourdes Catholic Church (the Church) who had been invited by the Reverend Anthony Flynn, a priest, to participate in an evening swimming party. Father Flynn took the boys to the pool at the Seminary without requesting permission from the Seminary...

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