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SOCARRAS v. CITY OF PHILA. ET AL.

No. 2603 C.D. 1987.

123 Pa.Commw. 197 (1989)

552 A.2d 1171

Jorge Armando Socarras, Appellant v. City of Philadelphia, Jo Anne Coleman, Robert Kollmer and Pennington Sales and Service, Co., Appellees.

Commonwealth Court of Pennsylvania.

January 27, 1989.

Attorney(s) appearing for the Case

Donald E. Matusow, with him, Martina Jo Walsh, Litvin, Blumberg, Matusow & Young, for appellant.

Alan C. Ostrow, Assistant City Solicitor, with him, Barbara R. Axelrod, Divisional Deputy in Charge of Appeals, Norma S. Weaver, Chief Deputy in Charge of Claims, and Seymour Kurland, City Solicitor, for appellees.

Argued June 16, 1988, before Judges BARRY and McGINLEY, and Senior Judge NARICK, sitting as a panel of three. Reargued December 14, 1988, before President Judge CRUMLISH, JR., and Judges CRAIG, BARRY, COLINS, PALLADINO, McGINLEY and SMITH.

OPINION BY JUDGE McGINLEY, January 27, 1989:

Jorge Armando Socarras (Socarras) appeals from an order of the Common Pleas Court of Philadelphia (trial court) granting the City of Philadelphia's (City) motion for summary judgment thereby dismissing Socarras's complaint against the City. We reverse.

The facts in this matter are not contested. On December 5, 1980, Socarras sustained severe injuries when...

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