513 A.2d 1108 (Pa.Cmwlth. 1986), Singer by Singer v. School Dist. of Philadelphia

Citation:513 A.2d 1108, 99 Pa.Cmwlth. 553
Opinion Judge:Author: Crumlish
Party Name:David SINGER, a minor, by his parent and natural guardian, Mary Ann SINGER and Mary Ann Singer, in her own right, Appellants, v. SCHOOL DISTRICT OF PHILADELPHIA and Roger Raspen, Appellees.
Case Date:August 11, 1986
Court:Commonwealth Court of Pennsylvania
 
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Page 1108

513 A.2d 1108 (Pa.Cmwlth. 1986)

99 Pa.Cmwlth. 553

David SINGER, a minor, by his parent and natural guardian,

Mary Ann SINGER and Mary Ann Singer, in her own

right, Appellants,

v.

SCHOOL DISTRICT OF PHILADELPHIA and Roger Raspen, Appellees.

Commonwealth Court of Pennsylvania.

August 11, 1986

Submitted on Briefs April 9, 1986.

Michael S. Bloom, Arnold Machles Associates, Arnold Machles, Philadelphia, for appellants.

Page 1109

Andrew M. Rosen, Philadelphia, for appellees.

Before CRUMLISH, Jr., President Judge, and ROGERS, CRAIG, MacPHAIL, DOYLE, BARRY and COLINS, JJ.

OPINION

CRUMLISH, Jr., President Judge.

David Singer and his mother, Mary Ann Singer, appeal a Philadelphia County Common Pleas Court order granting judgment on the pleadings for the School District of Philadelphia (District), citing the doctrine of governmental immunity. 1 We reverse and remand.

While performing a gymnastic stunt over a vaulting horse in a District gymnasium at Ferguson School, David Singer fell and broke his elbow when he missed a mat and landed on the hardwood floor. 2

A motion for judgment on the pleadings may be granted only where no facts are at issue and the law is so clear that a trial would be a fruitless exercise. Beardell v. Western Wayne School District, 91 Pa.Commonwealth Ct. 348, 496 A.2d 1373 (1985). All well-pleaded allegations of the party opposing a motion must be taken as true, while only those facts specifically admitted by the opposing party may be considered against him. Nevling v. Natoli, 290 Pa.Superior Ct. 174, 434 A.2d 187 (1981).

[99 Pa.Cmwlth. 555] The Singers contend that the facts averred in the complaint come within the real property exception to governmental immunity, 3 Section 8542(b)(3) of the Judicial Code, because the District was negligent in controlling the landing surface by insufficiently protecting the hardwood floors with mats. We agree.

Pursuant to the real property exception, the conduct alleged in the complaint must be directly related to the condition of the property. 4 Fizzano v. Borough of Ridley Park, 94 Pa.Commonwealth Ct. 179, 503 A.2d 57 (1986). This exception has been read to impose liability for negligence which makes government-owned real property unsafe for activities for which it is regularly used, intended to be used or reasonably foreseen to be used. Vann v. Board of...

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