Rivera v. Philadelphia Theological Seminary

WIEAND, Judge:

Frederick L. Rivera, age 12, drowned on December 17, 1976, in a pool owned by The Philadelphia Theological Seminary of St. Charles Borromeo, Inc. (the Seminary) while swimming with a group of altar boys from Our Lady of Lourdes Catholic Church (the Church). His mother, Concepcion L. Rivera, who was also the administratrix of his estate, instituted wrongful death and survival actions to recover damages for his death. On May 4, 1981, a jury attributed causal fault as follows: the Church—65%; the Seminary—30%; and the decedent—5%. On appeal, the Superior Court reversed and remanded…