D.P. Enterprises, Inc. v. Bucks County Community College, No. 83-1326
| Court | United States Courts of Appeals. United States Court of Appeals (3rd Circuit) |
| Writing for the Court | Before ALDISERT, HIGGINBOTHAM, and SLOVITER; ALDISERT |
| Citation | 725 F.2d 943 |
| Parties | 15 Ed. Law Rep. 1131 D.P. ENTERPRISES, INC. t/a Delmarva Petrolene Company and Throckmorton, Mark Scott, Throckmorton, David Gary, Sr., Throckmorton, David Gary, Jr., and MacQueen, William, Appellants, v. BUCKS COUNTY COMMUNITY COLLEGE. . Submitted Under Third Circuit Rule 12(6) |
| Docket Number | No. 83-1326 |
| Decision Date | 09 January 1984 |
Page 943
Throckmorton, Mark Scott, Throckmorton, David
Gary, Sr., Throckmorton, David Gary,
Jr., and MacQueen, William, Appellants,
v.
BUCKS COUNTY COMMUNITY COLLEGE.
Third Circuit.
Jan. 9, 1984.
Marc M. Orlow, Rubin, Shapiro & Slass, Philadelphia, Pa., for appellants.
Joseph Goldberg, Jay E. Mintzer, Margolis, Edelstein, Scherlis, Sarowitz & Kraemer, Philadelphia, Pa., for appellee.
Before ALDISERT, HIGGINBOTHAM, and SLOVITER, Circuit Judges.
ALDISERT, Circuit Judge.
The question for decision in this appeal in a diversity action based on Pennsylvania law is whether the district court erred in dismissing the complaint. Because the parties were not precise in identifying the motion for dismissal, we shall proceed as if we are reviewing the grant of a motion made under Rule 12(b)(6) of the Federal Rules of Civil Procedure--failure to state a claim upon which relief can be granted.
Plaintiffs, an employer and certain of its employees, appellants herein, brought a negligence action against the Bucks County Community College for injuries sustained when they were engaged by the college to clean out the fuel residue and sludge which remained in a fuel tank owned by the college and located on its premises. In their verified complaint plaintiffs contended that, unknown to them, the fuel tank contained
Page 944
Freon II, which, acting in conjunction with other components in the tank, created a heavy blanket of Freon-laden air that caused the individual appellants to lose consciousness. They alleged that these materials were dumped in the fuel oil tank, under the cover of darkness, by college personnel so they could be removed from the premises by appellants.The district court did not meet the merits of the complaint because it agreed with the college that the action was barred by the Pennsylvania Political Subdivision Tort Claims Act, 42 PA.CONS.STAT.ANN. Secs. 8501-8564 (Purdon Supp.1982). The college contended, and the district court agreed, that the Act extends a broad grant of immunity pursuant to 42 PA.CONS.STAT.ANN. Sec. 8541:
Except as otherwise provided in this subchapter, no local agency shall be liable for any damages on account of any injury to a person or property caused by any act of the local agency or an...
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Nannay v. Rowan College, No. CIV. A. 98-3672.
...355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957) (citations omitted); D.P. Enterprises, Inc. v. Bucks County Community College, 725 F.2d 943, 944 (3d It is not necessary to plead evidence, and it is not necessary to plead the facts that serve as the basis for the claim. Bogosian v. Gulf......
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Gov't Emps. Ins. Co. v. Nealey, CIVIL ACTION NO. 17–807
...complaint as true, and draw all reasonable inferences in favor of the plaintiff. Id.; see also D.P. Enters. v. Bucks County Cmty. Coll., 725 F.2d 943, 944 (3d Cir. 1984).The Federal Rules of Civil Procedure do not require a plaintiff to plead in detail all of the facts upon which she bases ......
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McCachren v. Blacklick Valley School Dist., No. 01-CV-162-J.
...(3d Cir.1997); Markowitz v. Northeast Land Co., 906 F.2d 100, 103 (3d Cir.1990); D.P. Enterprises, Inc. v. Bucks County Community College, 725 F.2d 943, 944 (3d Cir.1984). I must also presume at the pleading stage that general factual allegations "embrace those specific facts necessary to s......
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Pryor v. National Collegiate Athletic Ass'n., No. 01-3113.
...complaint... as true," and must draw all "reasonable inferences ... to aid the pleader." D.P. Enter. v. Bucks County Community College, 725 F.2d 943, 944 (3d In this case, however, the NCAA filed a motion to dismiss under Fed. R.Civ.P. 12(b)(6) or, in the alternative, a motion for summary j......
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Nannay v. Rowan College, No. CIV. A. 98-3672.
...355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957) (citations omitted); D.P. Enterprises, Inc. v. Bucks County Community College, 725 F.2d 943, 944 (3d It is not necessary to plead evidence, and it is not necessary to plead the facts that serve as the basis for the claim. Bogosian v. Gulf......
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Gov't Emps. Ins. Co. v. Nealey, CIVIL ACTION NO. 17–807
...complaint as true, and draw all reasonable inferences in favor of the plaintiff. Id.; see also D.P. Enters. v. Bucks County Cmty. Coll., 725 F.2d 943, 944 (3d Cir. 1984).The Federal Rules of Civil Procedure do not require a plaintiff to plead in detail all of the facts upon which she bases ......
-
McCachren v. Blacklick Valley School Dist., No. 01-CV-162-J.
...(3d Cir.1997); Markowitz v. Northeast Land Co., 906 F.2d 100, 103 (3d Cir.1990); D.P. Enterprises, Inc. v. Bucks County Community College, 725 F.2d 943, 944 (3d Cir.1984). I must also presume at the pleading stage that general factual allegations "embrace those specific facts necessary to s......
-
Pryor v. National Collegiate Athletic Ass'n., No. 01-3113.
...complaint... as true," and must draw all "reasonable inferences ... to aid the pleader." D.P. Enter. v. Bucks County Community College, 725 F.2d 943, 944 (3d In this case, however, the NCAA filed a motion to dismiss under Fed. R.Civ.P. 12(b)(6) or, in the alternative, a motion for summary j......