DORSCH ET AL. v. BUTLER A. SCH. D. ET AL.

No. 1659 C.D. 1986.

105 Pa.Commw. 519 (1987)

525 A.2d 17

Christine A. Dorsch, a minor, by Charles R. Dorsch and Lillian M. Dorsch, her guardians, and Charles R. Dorsch and Lillian M. Dorsch, his wife, on behalf of themselves, Appellants v. Butler Area School District and John Chiprean, an individual, Appellees.

Commonwealth Court of Pennsylvania.

Argued March 23, 1987.


Attorney(s) appearing for the Case

Kevin P. Lucas, with him, James G. McLean, Manion, McDonough & Lucas, P.C., for appellants.

Dale K. Forsythe, with him, James A. Beinkemper, Wayman, Irvin & McAuley, for appellee, Butler Area School District.

Lee A. Montgomery, Kirkpatrick and Montgomery, for appellee, John Chiprean.

Before Judges CRAIG and DOYLE, and Senior Judge NARICK, sitting as a panel of three.


OPINION BY JUDGE CRAIG, April 29, 1987:

Student Christine A. Dorsch and her parents appeal from an order of the Court of Common Pleas of Butler County sustaining the preliminary objections of Butler Area School District on the ground of governmental immunity, as codified in 42 Pa. C. S. §§8541-8542. We reverse and remand.

Christine alleges that, on March 29, 1985, as she was attempting to cross a roadway on the high school

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