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WALSH v. CITY OF PHILADELPHIA

526 Pa. 227 (1991)

585 A.2d 445

Thomas WALSH, Jr., Appellant, v. CITY OF PHILADELPHIA, Appellee.

Supreme Court of Pennsylvania.

Decided January 9, 1991.

Reargument Denied February 11, 1991.

Attorney(s) appearing for the Case

Edward F. Chacker, Daniel J. Siegel, Philadelphia, for appellant.

Alexander A. DiSanti, Media, for amicus — Pa. Trial Lawyers Assoc.

Alan C. Ostrow, Philadelphia, for appellee.

Matthew L. Wolford, Philadelphia, for amicus — Com. of Pa.

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

OPINION

CAPPY, Justice.

The issue presented in this appeal is whether the Recreation Use of Land and Water Act, 68 P.S. § 477-1 et seq. (hereinafter "RUA"), should apply to bar a claim for injuries sustained as a result of the negligent maintenance of a paved inner-city playground and recreation center. For the reasons that follow, we hold that the RUA does not bar the claim of the plaintiff. In making this...

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