McFadden v. Li & Fung Ltd.

WILLIMAMSON, J.,

— This matter comes before the court on the preliminary objections of defendant Li & Fung, Ltd. to plaintiffs’ complaint. The plaintiffs allege Dawn McFadden was injured when she attempted to sit on a swing, manufactured or distributed by Li & Fung, at a Tractor Supply Store, and the swing collapsed. Li & Fung contends there is no cause of action in negligence by the plaintiffs against Li & Fung.

Li & Fung filed preliminary objections under Pa. R.C.P. 1028 (a)(4) for legal insufficiency of a complaint seeking a demurrer. In ruling on these objections, we must accept as true all…