GIOSA v. SCHOOL DIST. OF PHILADELPHIA


127 Pa.Commw. 537 (1989)

562 A.2d 411

Frank GIOSA and Elaine Giosa, Appellants, v. SCHOOL DISTRICT OF PHILADELPHIA, Appellee.

Commonwealth Court of Pennsylvania.

Decided July 17, 1989.

Reargument Denied September 27, 1989.


Attorney(s) appearing for the Case

Paul J. Drucker, Philadelphia, for appellants.

Donald J. Sweeney, Sweeney, Sweeney, Sheehan & Spencer, Gregory J. Sharkey, Philadelphia, for appellee.

Richard A. Stanko, Kassab Archbold Jackson & O'Brien, Pa. Trial Lawyers Association, Media, amicus curiae.

Before CRAIG and COLINS, JJ., and KALISH, Senior Judge.


CRAIG, Judge.

Frank and Elaine Giosa appeal an order of the Court of Common Pleas of Philadelphia County that granted a motion for summary judgment by the School District of Philadelphia, and dismissed, with prejudice, the Giosas' claims against the school district. We reverse and remand.

On February 14, 1983, Frank Giosa slipped on a sidewalk on school district property. Mr. Giosa sustained injuries in that fall, and sued the school district, alleging that...

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