GARRETT BY GARRETT v. MOYSTON


127 Pa.Commw. 488 (1989)

562 A.2d 386

Kimberly GARRETT, a minor, by her parents, Curtis and Joan GARRETT, and Curtis and Joan Garrett, in their own right, Appellants, v. Sheila MOYSTON, a/k/a Sheila Henderson and Viscount Moyston, and City of Philadelphia, and Southeastern Pennsylvania Transportation Authority and Commonwealth of Pennsylvania, Department of Transportation, Appellees.

Commonwealth Court of Pennsylvania.

Decided June 27, 1989.


Attorney(s) appearing for the Case

Joan Saltzman, with her, Philip M. Farber, Jerold Allen, Master, Donsky, Soffian & Allen, Philadelphia, for appellants.

Barbara R. Axelrod, Division Deputy in Charge of Appeals, with her, Norma S. Weaver, Deputy in Charge of Claims, David A. Soltz and Seymour Kurland, City Solicitors, for City of Philadelphia.

John M. Pehlan, George A. Edel, Philadelphia, for appellees.

Before CRUMLISH, Jr., President Judge, McGINLEY, J. (P.), and NARICK, Senior Judge.


McGINLEY, Judge.

Kimberly Garrett, a minor, and Curtis and Joan Garrett, her parents (collectively, Appellants) appeal from a decision of the Court of Common Pleas of Philadelphia County (trial court) granting the motion of the City of Philadelphia (City) and entering judgment for the City.

Kimberly Garrett suffered catastrophic injuries as a result of an accident which occurred in the City. Kimberly...

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