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ABERANT ET UX. v. W.-B. A. SCH. D. ET AL.

No. 74 Misc. Docket No. 4.

89 Pa.Commw. 516 (1985)

Brian and Amelia Aberant, Individually and as Administrators of the Estate of Brian Leonard Aberant, Deceased, and as Parents and Natural Guardians of Timothy Aberant, a Minor v. Wilkes-Barre Area School District and David Williams, t/a Williams Bus Company and Debra Ann Talmadge. Wilkes-Barre Area School District, Petitioner.

Commonwealth Court of Pennsylvania.

May 29, 1985.

Attorney(s) appearing for the Case

Paul A. Barrett, Nogi, O'Malley, Harris & Schneider, P.C., for petitioner.

Albert J. Flora, Jr., for respondents.

Argued April 8, 1985, before Judges ROGERS and COLINS and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE COLINS, May 29, 1985:

The Wilkes-Barre Area School District (School District) appeals from an interlocutory order of the Court of Common Pleas of Luzerne County, denying the School District's Motion for Summary Judgment based upon immunity as provided in Section 8541 of the Judicial Code.1 The School District was granted permission to appeal from an interlocutory order.

The original suit was brought by Brian and...

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