STRUBLE v. VALLEY FORGE MIL. ACADEMY


445 Pa.Super. 224 (1995)

665 A.2d 4

Stanley STRUBLE, III v. VALLEY FORGE MILITARY ACADEMY, Appellant.

Superior Court of Pennsylvania.

Filed September 21, 1995.


Attorney(s) appearing for the Case

Charles W. Craven, Philadelphia, for appellant.

Harry M. Roth & A. Roy DeCaro, Philadelphia, for appellee.

Before CIRILLO, HOFFMAN and HESTER, JJ.


HESTER, Judge:

Valley Forge Military Academy (sometimes referred to as the "Academy") appeals following a jury's determination that it is partially liable for injuries sustained by Stanley Struble, III, appellee, when he fired a ceremonial cannon during an Academy event. We reject appellant's claim that appellee assumed the risk of his injuries as a matter of law. We also conclude that once the trial court determined that appellant was not entitled to a compulsory...

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