Kniaz Et Vir v. Benton Boro.

Opinion by

Judge Craig,

The plaintiff in this civil action for personal injury has appealed from an order by President Judge Myers of the Court of Common Pleas of Columbia County granting summary judgment in favor of defendant Benton Borough, a municipality.

The complaint and defendants’ affidavits, filed pursuant to the motion for summary judgment, establish a factual scenario which is essentially undisputed: While plaintiff Helen Kniaz, attending a volunteer fire company picnic in Benton Borough’s public park, was seated in a park pavilion on a bench attached to a picnic table, the bench…