Mitchell v. Phillips

STATEMENT OF FACTS

MYERS, P. J.,

The minor plaintiff, Michael G. Mitchell, by his father and guardian, Michael E. Mitchell, and Michael E. Mitchell and Loretta J. Mitchell, his wife, individually, filed suit against defendants for damages allegedly due to the negligence of defendants in throwing gasoline upon a fire which was warming the litigants during an ice-skating party in Benton, Pa., on January 17, 1970, at which time minor plaintiff suffered personal injuries.

Plaintiffs’ complaint was filed on March 7, 1972, more than two years following the date of injury. Defendants filed preliminary…