SCARBOROUGH BY SCARBOROUGH v. LEWIS


523 Pa. 30 (1989)

565 A.2d 122

Edward SCARBOROUGH, a minor, by his parent and natural guardian, Patricia SCARBOROUGH, and Patricia Scarborough, in her own right, Appellees, v. Andrew L. LEWIS and Joseph L. Castle, trustees for Reading Company and City of Philadelphia, Appellants.

Supreme Court of Pennsylvania.

Decided October 16, 1989.


Attorney(s) appearing for the Case

Seymour Kurland, City Sol., Norma S. Weaver, Deputy in Charge of Claims, Barbara R. Axelrod, Divisional Deputy in Charge of Appeals, for appellants.

E. Parry Warner, Philadelphia, for Lewis & Castle.

James E. Beasley, Philadelphia, for Scarborough.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS and STOUT, JJ.


OPINION

ZAPPALA, Justice.

We granted allowance of appeal to the City of Philadelphia (City) to determine whether Superior Court erred in affirming in part an order of the Court of Common Pleas of Philadelphia County, sitting en banc, insofar as it denied the City's post-trial motion for judgment notwithstanding the verdict.1 Because the City properly preserved the issue of whether it owed a duty to the Appellee, Edward Scarborough...

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