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LORY v. CITY OF PHILADELPHIA

544 Pa. 38 (1996)

674 A.2d 673

Linda LORY, Administratrix of the Estate of Margaret Barr, Deceased, Administratrix of the Estate of David Barr, Deceased, a minor, and Linda Lory, Administratrix of the Estate of Margaret Barr, Deceased, Appellee, v. CITY OF PHILADELPHIA, Appellant.

Supreme Court of Pennsylvania.

Decided April 17, 1996.

Attorney(s) appearing for the Case

Alan C. Ostrow, Philadelphia, for City of Phila.

Philip J. Berg, Lafayette, for Linda Lory.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY and CASTILLE, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal by allowance from a decision of the Commonwealth Court which reversed an order of the Court of Common Pleas of Philadelphia County and granted a new trial in a wrongful death and survival action.

In 1983, a teenage boy, David Barr, drowned when he consumed alcohol and went swimming in Devil's Pool, a natural pond located in a remote and undeveloped portion of a park owned by the City...

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