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RIVERA v. PHILA. THEOLOGICAL SEMINARY

398 Pa.Super. 264 (1990)

580 A.2d 1341

Concepcion L. RIVERA, Administratrix of the Estate of Frederick L. Rivera, Deceased, v. The PHILADELPHIA THEOLOGICAL SEMINARY OF ST. CHARLES BORROMEO, INC. a/k/a St. Charles Seminary and Our Lady of Lourdes Catholic Church. Appeal of the PHILADELPHIA THEOLOGICAL SEMINARY OF ST. CHARLES BORROMEO, INC. a/k/a St. Charles Seminary.

Supreme Court of Pennsylvania.

Filed August 30, 1990.

Reargument Denied October 15, 1990.

Attorney(s) appearing for the Case

Joseph T. Bodell, Jr., Philadelphia, for appellant.

Jeffrey M. Stopford, Media, for Rivera, appellee.

Alan R. Kutner and Glenn F. Rosenblum, Korn, Kline & Kutner, P.C., Philadelphia, for Our Lady, appellee.

Before CIRILLO, President Judge, and WIEAND and BROSKY, JJ.

WIEAND, Judge:

Frederick L. Rivera, age 12, drowned on December 17, 1976, in a pool owned by The Philadelphia Theological Seminary of St. Charles Borromeo, Inc. (the Seminary) while swimming with a group of altar boys from Our Lady of Lourdes Catholic Church (the Church). His mother, Concepcion L. Rivera, who was also the administratrix of his estate, instituted wrongful death and survival actions to recover damages for his death. On May 4, 1981, a jury attributed...

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