GLEASON v. BOROUGH OF MOOSIC

No. 7 MAP 2010.

15 A.3d 479 (2011)

David and Leslie GLEASON, Individually and as Parents of Lacie L. Gleason, a Minor, Laura L. Gleason, and Derek W. Gleason, Appellants v. BOROUGH OF MOOSIC, Pennsylvania, Michael J. Pasonick, Jr. and M.F. Ronca & Sons, Appellees.

Supreme Court of Pennsylvania.

Decided April 4, 2011.


Attorney(s) appearing for the Case

Aaron Jason Freiwald , Damien Zillas , Layser & Freiwald, P.C., Louis C. Ricciardi , Philadelphia, for David & Leslie Gleason parents of L.L.G. a minor, Laura Gleason & Derek Gleason.

Amy L. Coryer-Host , James Dennis Young , Lavery, Faherty, Young & Patterson, P.C., Harrisburg, for Borough of Moosic, Pennsylvania.

Joseph Francis McNulty , Post & Schell, P.C., Allentown, for M.F. Ronca & Sons.

James A. Doherty, Jr. , James Andrew Doherty III, Doherty Law, LLC, Michael J. Pasonick, Jr. and Associates.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.


OPINION

Justice McCAFFERY.

We review here the Superior Court's affirmance of the trial court's order granting Appellees' motions for summary judgment and dismissing Appellants' negligence action on the basis that their lawsuit was filed outside the applicable statute of limitations. Specifically, we consider whether the lower courts erred in determining that the discovery rule exception did not toll the limitations period. Because, under the specific...

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