From Casetext: Smarter Legal Research

Kitchen et al. v. Wilkinsburg School Dist

Supreme Court of Pennsylvania
Jul 2, 1973
306 A.2d 294 (Pa. 1973)

Opinion

Argued March 12, 1973

Decided July 2, 1973

Before JONES, C. J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

Appeals, Nos. 73 and 74, March T., 1973, from orders of Superior Court, April T., 1971, Nos. 346 and 347, affirming judgments of the Court of Common Pleas, Civil Division, of Allegheny County, July T., 1968, Nos. 3184 and 3927, in re Brenda Lee Kitchen, a minor, by her parent and natural guardian, Donna Lang, and Donna Lang, in her own right v. Wilkinsburg School District; John Hansen, a minor, by his parent and natural guardian, Edward J. Hansen and Edward J. Hansen, in his own right v. Wilkinsburg School District and Borough of Wilkinsburg, jointly and/or severally. Orders reversed and cases remanded.

Same case in Superior Court: 222 Pa. Super. 479.

Trespass actions for personal injuries.

Orders entered sustaining defendant's preliminary objections and dismissing complaints, opinion by SMITH, JR., J. Plaintiffs appealed to the Superior Court, which affirmed the orders of the court below, opinion per curiam, dissenting opinion by HOFFMAN, J. Appeal to Supreme Court allowed.

Leonard A. Costa, Jr., with him Robert Rade Stone, for appellants.

Arthur G. Stein, with him Arthur R. Gorr, and Stein Winters, for appellees.


Orders granting appellees' preliminary objections are reversed on the basis of our decision in Ayala v. Phila. Bd. of Public Education, 453 Pa. 584, 305 A.2d 877 (1973), argued at the same time as the instant case. Cases remanded to Court of Common Pleas, Civil Division, of Allegheny County for further proceedings consistent with that opinion.

Mr. Chief Justice JONES, Mr. Justice EAGEN and Mr. Justice O'BRIEN dissent.


Summaries of

Kitchen et al. v. Wilkinsburg School Dist

Supreme Court of Pennsylvania
Jul 2, 1973
306 A.2d 294 (Pa. 1973)
Case details for

Kitchen et al. v. Wilkinsburg School Dist

Case Details

Full title:Kitchen et al., Appellants, v. Wilkinsburg School District. Hansen et al.…

Court:Supreme Court of Pennsylvania

Date published: Jul 2, 1973

Citations

306 A.2d 294 (Pa. 1973)
306 A.2d 294

Citing Cases

Snyder et al. v. Shamokin A. Sch. D

While we believe that there is ample authority for deciding the question of retroactivity, see, e.g., Nolan…

Edwell v. Allegheny County

On July 2, 1973, our Supreme Court applied their previous decision in Ayala to reverse dismissals of two…