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ITHIER v. CITY OF PHILADELPHIA

137 Pa.Commw. 103 (1991)

585 A.2d 564

Rodney ITHIER, a minor and Elsie Geraghy, Appellants, v. CITY OF PHILADELPHIA, Appellee.

Commonwealth Court of Pennsylvania.

Decided January 3, 1991.

Attorney(s) appearing for the Case

Joel H. Merow, with him, Bruce G. Cassidy, Desaretz & Cassidy, Philadelphia, for appellants.

Alan C. Ostrow, Asst. City Sol., with him, Miriam B. Brenaman, Divisional Deputy for Appeals, Norma S. Weaver, Chief Deputy in Charge of Claims, and Charisse Lillie, City Sol., for appellee, Philadelphia.

Before McGINLEY and KELLEY, JJ., and CRUMLISH, Jr., Senior Judge.

McGINLEY, Judge.

Rodney Ithier, a minor, and his mother, Elsie Geraghy (Appellants) appeal from an order of the Court of Common Pleas of Philadelphia County (trial court) which granted the motion of the City of Philadelphia (City) for judgment on the pleadings. The trial court found that the City was immune from suit pursuant to the Recreation Use of Land and Water Act (Recreation Act), Act of February 2, 1966, P.L. (1965) 1860, 68 P.S. §§ 477-1-477-8.<...

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