BROWER v. CITY OF PHILA. ET AL.

No. 38 T.D. 1988.

124 Pa.Commw. 586 (1989)

557 A.2d 48

Brian Brower, by his parents and natural guardians, Wilbur and Helen Brower, in their own right and Brian Brower, in his own right, Appellants v. City of Philadelphia, Fairmont Park Commission, The Korman Corporation, Inc., and The Rushwood Apartments, Knights Deli, Inc., Raymond E. Reynolds et al., Appellees.

Commonwealth Court of Pennsylvania.

April 5, 1989.


Attorney(s) appearing for the Case

Myles Glasgow, Baratta & Fenerty, LTD., for appellants.

Robert M. McKain, Boroff, Harris & Heller, P.C., for Knights Deli, Inc., Appellee.

Angelo Scaricamazza, with him, George W. Overton, Naulty, Scaricamazza & McDevitt, for Korman Corporation and The Rushwood Apartments, Appellees.

Argued March 7, 1989, before President Judge CRUMLISH, JR., Judge McGINLEY (P.), and Senior Judge NARICK, sitting as a panel of three.


OPINION BY SENIOR JUDGE NARICK, April 5, 1989:

Brian Brower (Brian) and Wilbur and Helen Brower, his parents, collectively referred to as Appellants, appeal from an order of the Court of Common Pleas, which granted Knights Deli, Inc.'s (Knights Deli's) motion for partial summary judgment as to Count II of Appellants', Plaintiffs' below, amended complaint. We affirm.

The facts are as follows. On October 17, 1980, Raymond E. Reynolds (Reynolds), then a minor...

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