Potts v. Step By Step, Inc.

OPINION BY

LAZARUS, J.:

Pearl Mary Potts (“Potts”), mother of Julie Ann Potts (“Julie”), deceased, and administratrix of her estate, appeals from the order entered in the Court of Common Pleas of Lackawanna County, granting Step By Step, Inc.’s (“Step By Step”) motion for judgment on the pleadings. After careful review, we reverse and remand.

Julie, a non-ambulatory, non-verbal 21 year-old woman was afflicted with cerebral palsy, mental retardation and neuromuscu-lar scoliosis. Due to her mental and physical conditions, she was a resident of a facility run by Step By Step, a private nonprofit…