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SCHMOYER v. MEXICO FORGE, INC.

437 Pa.Super. 159 (1994)

649 A.2d 705

Jeffrey SCHMOYER, a minor by 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 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 November 7, 1994.

Attorney(s) appearing for the Case

Peter C. Gardner, Philadelphia, for Schmoyer.

Audrey L. Jacobsen, Philadelphia, for Mexico Forge.

Warren F. Sperling, Philadelphia, for Hale.

Before WIEAND, OLSZEWSKI and HOFFMAN, JJ.

WIEAND, Judge:

The sole issue now before this Court is whether the trial court erred when it entered a directed verdict in favor of the playmate of a minor plaintiff who suffered a broken leg while attempting to dismount from a rotating, playground Spin Around.

Jeffrey Schmoyer, the minor plaintiff, was injured in August, 1983, while attempting to dismount from a Spin Around affixed to a playground owned by the Markley Farms Swim Club. A Spin Around is a platform...

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