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MERZ BY MERZ v. CITY OF PHILADELPHIA

719 A.2d 1131 (1998)

Daniel MERZ, a Minor, by His Parents and Natural Guardians, Leonard MERZ and Patricia Merz, His Wife and Leonard Merz and Patricia Merz, in Their Own Right, Appellants, v. CITY OF PHILADELPHIA and Robert Fox, Jr.

Commonwealth Court of Pennsylvania.

Decided October 29, 1998.

Attorney(s) appearing for the Case

Christopher R. Rosser, Philadelphia, for appellants.

Alan C. Ostrow, Philadelphia, for appellees.

Before McGINLEY and PELLEGRINI, JJ, and. McCLOSKEY, Senior Judge.

PELLEGRINI, Judge.

Daniel Merz, a minor, Leonard Merz and Patricia Merz (collectively, Merz) appeal from an order of the Court of Common Pleas of Philadelphia County (trial court) granting the motion of the City of Philadelphia and Robert J. Fox (collectively, the City) for judgment on the pleadings and dismissing Merz's claims against the City under what is commonly referred to as the "Tort Immunity Act" (Act).1

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