Singer v. School District of Philadelphia

Opinion by

President Judge Crumlish, Jr.,

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…