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YATES v. CITY OF PHILADELPHIA

134 Pa.Commw. 282 (1990)

578 A.2d 609

Mae Vern YATES, Individually and as Administratrix of the Estate of Sylvia Michelle Yates, Deceased and Cynthia Yates, Appellants, v. CITY OF PHILADELPHIA, Appellee.

Commonwealth Court of Pennsylvania.

Decided July 27, 1990.

Attorney(s) appearing for the Case

John J. Leonard, with him, Francis M. Chmielewski, Leonard, Tillery & Davison, Philadelphia, for appellants.

Alan C. Ostrow, Asst. City Sol., with him, Seymour Kurland, City Sol., Norma S. Weaver, Chief Deputy in Charge of Claims, and Barbara R. Axelrod, Divisional Deputy in Charge of Appeals, for appellee.

Before DOYLE, BARRY and PALLADINO, JJ.

OPINION

BARRY, Judge.

This is an appeal from an order which sustained preliminary objections filed by the appellee City of Philadelphia in the Court of Common Pleas of Philadelphia County. The appellants in this case are Mae Vern Yates, individually and as the administratrix of the estate of Sylvia Yates, her deceased daughter, and Cynthia Yates, a second daughter.

The complaint discloses that on September 10, 1987 an altercation began behind the...

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