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RICE ET AL. v. PHILA. ELEC. CO. ET AL.

No. 17 T.D. 1985.

100 Pa.Commw. 212 (1986)

514 A.2d 951

Haywood Rice, a minor, by and through his parents and natural guardians, Leondra Rice and Martha Rice and Leondra Rice in his own right and Martha Rice in her own right v. Philadelphia Electric Company and Alexander Giamalis and City of Philadelphia. Philadelphia Electric Company and Alexander Giamalis, Appellants.

Commonwealth Court of Pennsylvania.

September 2, 1986.

Attorney(s) appearing for the Case

Kevin R. McNulty, with him, Joseph M. Donley, Kittredge, Kaufman & Donley, for appellants.

Ralph J. Luongo, Assistant City Solicitor, with him, Barbara R. Axelrod, Divisional Deputy in Charge of Appeals, and Barbara W. Mather, City Solicitor, for appellee, City of Philadelphia.

Argued December 10, 1985, before President Judge CRUMLISH, JR., Judge BARRY, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR, September 2, 1986:

Philadelphia Electric Company and Alexander Giamalis (PECO) appeal a Philadelphia County Common Pleas Court order sustaining preliminary objections of the City of Philadelphia (City), in the nature of a demurrer, and dismissing the third-party complaint of PECO and Giamalis. We reverse and remand.

Rice, a seventeen year old, sustained injuries...

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