Jones v. Cheltenham Township

Opinion by

Judge Smith,

Appellant Lawrence Jones Appeals from a decision of the Montgomery County Court of Common Pleas which granted summary judgment in favor of Appellee, Cheltenham Township (Township). The trial court determined that the Township was immune from suit under the Recreation Use of Land and Water Act (Recreation Act). We affirm.

Appellants action arose out of the death of his minor son which occurred on September 3, 1981 in the Richard Wall Park (Park) located in Cheltenham Township. Appellants decedent was swimming in the Tookany Creek (Creek) where he fell into a fifteen foot…