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BERSHEFSKY v. COM., DEPT. OF PUB. WELFARE

491 Pa. 102 (1980)

418 A.2d 1331

Alfred BERSHEFSKY and Mary Ann Bershefsky, His Wife, Appellants, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, and Farview State Hospital, Waymart, Wayne County, Pennsylvania.

Supreme Court of Pennsylvania.

Decided July 21, 1980.

Attorney(s) appearing for the Case

Henry C. McGrath, Scranton, Patrick M. Connolly, Philadelphia, for appellants.

Allen C. Warshaw, Deputy Atty. Gen., Herbert L. Olivieri, Harrisburg, for appellees.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

In 1976 appellants Alfred Bershefsky and Mary Ann Bershefsky commenced this action in trespass against appellees the Commonwealth of Pennsylvania, the Department of Public Welfare, and Farview State Hospital. The complaint alleges that as a result of appellees' negligence and reckless and wanton conduct, Herschel Smith, a former Farview patient, was able to gain access to the administration building of Farview and shoot...

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