SIMS v. SILVER SPRINGS-MARTIN SCHOOL


155 Pa.Commw. 619 (1993)

625 A.2d 1297

William D. SIMS, Administrator of the Estate of William Henry Sims, Deceased, and William D. Sims, in his own right, v. SILVER SPRINGS-MARTIN LUTHER SCHOOL, Lutheran Home at Germantown, Diane Gallagher, Frank J. Whitcomb, Sr., Colonial School District, Appellants. David M. Nagle, Jeanne Marie Epps, and Township of Whitemarsh. William D. SIMS, Administrator of the Estate of William Henry Sims, Deceased, and William D. Sims, in his own right, Appellant, v. SILVER SPRINGS-MARTIN LUTHER SCHOOL, Lutheran Home at Germantown, Diane Gallagher, Frank J. Whitcomb, Sr., Colonial School District, David M. Nagle, Jeanne Marie Epps, and Township of Whitemarsh, Appellees.

Commonwealth Court of Pennsylvania.

Decided May 21, 1993.


Attorney(s) appearing for the Case

Larry Glass, for appellant William D. Sims.

George F. Dale, for appellant Colonial School Dist.

Audrey L. Jacobsen, for appellees Whitemarsh Tp., David M. Nagle and Jeanne Marie Epps.

Before PALLADINO and FRIEDMAN, JJ., and SILVESTRI, Senior Judge.


PALLADINO, Judge.

William D. Sims (Sims), in his own right, and as the administrator of the estate of William Henry Sims, deceased, and the Colonial School District (Colonial) appeal a grant of summary judgment by the Court of Common Pleas of Montgomery County (trial court) in favor of Whitemarsh Township (Whitemarsh). We affirm.

On April 27, 1984, William Henry Sims (decedent), a minor, was taken to a recreational swim by employees of the Silver-Springs Martin...

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