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KELLY v. LUTHERAN CHURCH IN AMERICA

404 Pa.Super. 32 (1991)

589 A.2d 1155

Rebecca A. KELLY, a minor, by her parents and natural guardians, Jodie L. KELLY and David L. Kelly; and Jodie L. Kelly and David L. Kelly, in their own right, v. LUTHERAN CHURCH IN AMERICA, a corporation; the Central Pennsylvania Synod of the Lutheran Church in America, a corporation; St. Luke's Evangelical Lutheran Church; St. John's Evangelical Lutheran Church of Black Township; and Sanner & Hauger Cemetery Association, Inc., a/k/a Sanner Cemetery Association; Norman B. Hay; Wilber Z. Snyder; David T. Snyder; Dale Hauger; Harry Romesberg; and Nevin Hay. Appeal of ST. LUKE'S EVANGELICAL LUTHERAN CHURCH (Three Cases). Appeal of ST. LUKE'S EVANGELICAL LUTHERAN CHURCH OF BLACK TOWNSHIP. Rebecca A. KELLY, a minor, by her parents and natural guardians, Jodie L. KELLY and David L. Kelly; and Jodie L. Kelly and David L. Kelly, in their own right, Appellants, v. LUTHERAN CHURCH IN AMERICA, a corporation; the Central Pennsylvania Synod of the Lutheran Church in America, a corporation; St. Luke's Evangelical Lutheran Church; St. John's Evangelical Lutheran Church of Black Township; and Sanner & Hauger Cemetery Association, Inc., a/k/a Sanner Cemetery Association; Norman B. Hay; Wilber Z. Snyder; David T. Snyder; Dale Hauger; Harry Romesberg; and Nevin Hay, Appellees. Appeal of Harry ROMESBERG.

Superior Court of Pennsylvania.

Filed April 12, 1991.

Attorney(s) appearing for the Case

Anita B. Folino, Pittsburgh, for appellant (at No. 432) and for Kelly, appellees (at Nos. 429, 430, 431 and 551).

Michael L. Magulick, Pittsburgh, for Lutheran Church, appellee.

Richard L. McMillan, Pittsburgh, for Cent. Pa. Synod of the Lutheran Church, appellee.

Before ROWLEY, WIEAND and FORD ELLIOTT, JJ.

WIEAND, Judge:

In this action to recover damages for personal injuries sustained by a child when a cemetery tombstone fell on her, the trial court entered summary judgment in favor of two defendants, the Lutheran Church in America (LCA) and the Central Pennsylvania Synod of the Lutheran Church in America (the Synod). In this appeal by the plaintiffs and several other defendants, it is contended that LCA and the Synod, as parent bodies, were subject to liability for...

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