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HUTCHISON EX REL. HUTCHISON v. LUDDY

870 A.2d 766 (2005)

Michael S. HUTCHISON, Jr., by Mary J. HUTCHISON, Parent and Natural Guardian, Appellants v. Father Francis LUDDY, St. Therese's Catholic Church, Bishop James Hogan and Diocese of Altoona-Johnstown, Appellees.

Supreme Court of Pennsylvania.

Decided March 22, 2005.

Attorney(s) appearing for the Case

Thomas L. Cooper, Pittsburgh, Richard M. Serbin, Altoona, for, Michael S. Hutchison, Jr., by Mary J. Hutchison, Parent and Natural Guardian, Appellants.

Louis C. Long, Carl A. Eck, Pittsburgh, for St. Therese's Catholic Church, Appellee.

Philip Joseph Murren, Harrisburg, for Pennsylvania Catholic Conference, Appellee Amicus Curiae.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice CASTILLE.

This is an appeal from a Superior Court decision affirming in part and reversing in part the order of the trial court which, in pertinent part here, refused to set aside a jury award of punitive damages for a claim arising out of negligent supervision. The Superior Court held, as a matter of law, that punitive damages are unavailable on a claim sounding in negligent supervision under Section 317 of the Restatement (Second...

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