SCHMOYER v. MEXICO FORGE, INC.


423 Pa.Super. 593 (1993)

621 A.2d 692

Jeffrey SCHMOYER, a minor, by his parents, Richard and Joan SCHMOYER and Richard and Joan Schmoyer, in their own right, Appellants, v. MEXICO FORGE, INCORPORATED and Markley Farms Swim Club and Raymond Hale, Additional Defendant v. ZENITH LABORATORIES, INC. Jeffrey SCHMOYER, a minor, by his parents, Richard and Joan SCHMOYER and Richard and Joan Schmoyer, in their own right v. MEXICO FORGE, INC., and General Recreation, Inc. and Markley Farms Swim Club. Appeal of MEXICO FORGE, INC.

Superior Court of Pennsylvania.

Filed March 12, 1993.


Attorney(s) appearing for the Case

Peter C. Gardner, Philadelphia, for Schmoyer's.

Audrey L. Jacobsen, Philadelphia, for Mexico Forge & Markley Swim Club.

Warren F. Sperling, Philadelphia, for Hale.

Before WIEAND, OLSZEWSKI and HOFFMAN, JJ.


WIEAND, Judge:

The sole issue in this appeal is whether a Spin Around, which is permanently installed on a concrete base as a playground amusement ride for children, is an improvement to real estate for purposes of applying the twelve (12) year statute of repose contained in 42 Pa.C.S. § 5536. The trial court held that it was an improvement to real estate and that an action for injuries sustained by a child more than seventeen (17) years after installation could...

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