JOHNSON BY JOHNSON v. WALKER


376 Pa.Super. 302 (1988)

545 A.2d 947

Peter Joseph JOHNSON, a Minor, by his Parents and Natural Guardians, Peter Joseph JOHNSON III and Jeanette Johnson, and Peter Joseph Johnson III and Jeanette Johnson, in their own Right, Appellants, v. Robert WALKER and Josephine Walker d/b/a Josephine's Steak & Hoagie Shop and David Master, a Minor by his Parents and Natural Guardians, Robert Master and Katherine Master and Michael Franz.

Supreme Court of Pennsylvania.

Filed August 8, 1988.


Attorney(s) appearing for the Case

Mary Ann Abella, Philadelphia, for appellants.

D. Jackson Loughhead, Philadelphia, for appellees.

Before TAMILIA, KELLY and HESTER, JJ.


TAMILIA, Judge:

This is an appeal from the trial court Order granting summary judgment to all appellees/defendants. The facts are not in dispute. On June 26, 1980, at about 9:45 p.m., appellant Johnson and appellee Franz were engaged in a one-on-one game of stickball at the intersection of 65th and Theodore Streets in Philadelphia. After two innings of play, appellee Master asked Johnson if he could take a turn...

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