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GAYLORD v. MORRIS TP. FIRE DEPT.

853 A.2d 1112 (2004)

Seneca Lyn GAYLORD, a minor, by her parents and natural guardians, Jennifer GAYLORD and Robert Gaylord, and Jennifer Gaylord and Robert Gaylord, individually, Appellants v. MORRIS TOWNSHIP FIRE DEPARTMENT a/k/a Morris Fire Department.

Commonwealth Court of Pennsylvania.

Decided July 13, 2004.

Attorney(s) appearing for the Case

Matthew D. Jones, Sayre, for appellant.

J. David Smith, Williamsport, for appellee.

BEFORE: SMITH-RIBNER, Judge, and LEAVITT, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge LEAVITT.

Jennifer and Robert Gaylord, individually and on behalf of their minor child, Seneca Lyn Gaylord (collectively Appellants), appeal from a decision of the Court of Common Pleas of Tioga County denying their post-trial motion for a new trial. At issue in this appeal are the trial court's jury instructions regarding the real estate exception to governmental immunity. For the reasons set forth herein, we affirm.

I. FACTUAL AND PROCEDURAL...

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