DAVIS ET UX. v. SCH. D. OF PHILA. ET AL.

Nos. 33 T.D. 1984 and 30 T.D. 1984.

91 Pa.Commw. 27 (1985)

Joseph Davis & Margaret Davis, Administrators of the Estate of Loren Davis, Deceased, Appellants v. School District of Philadelphia and Holiday Inn, Inc. and Richard Donahue and James Slaughter, Appellees. Joseph Davis & Margaret Davis, Administrators of the Estate of Loren Davis, Deceased, Appellants v. Holiday Inns, Inc., (Formerly Designated as Holiday Inns of America, Inc.), et al., Appellees.

Commonwealth Court of Pennsylvania.

August 9, 1985.


Attorney(s) appearing for the Case

Lawrence D. Finney, with him, Michael Coren and Yale F. Ediken, Krimsky, Levy, Angstreich & Finney, P.C., for appellants.

Andrew M. Rosen, with him, Sally Akan, for appellee, School District of Philadelphia.

Wendy M. Johnston Bracaglia, with her, John W. Walter and Charles W. Craven, Marshall, Dennehey, Warner, Coleman and Goggin, for appellees, Holiday Inns, Inc.

Argued June 4, 1985, before Judges ROGERS, BARRY and PALLADINO, sitting as a panel of three.


OPINION BY JUDGE ROGERS, August 9, 1985:

Joseph and Margaret Davis, whom we will refer to as plaintiffs, for themselves and as the administrators of the estate of their late son, Loren Davis, brought a wrongful death action and a survival action against the School District of Philadelphia (school district) and Holiday Inns, Inc. on account of their son's death. The plaintiffs here appeal from a judgment on the pleadings entered by the Court of Common Pleas of Philadelphia...

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