Faiella v. Bartoles

Opinion ry

Judge Doyle,

This is an appeal from an order of the Court of Common Pleas of Beaver County which granted judg ment on the pleadings to the Borough of Aliquippa (Borough), and barred the recovery of Anthony Faiella (Appellant), a minor, who was allegedly injured on Borough property. The trial court found the Borough immune under Section 8541 of the Judicial Code (Code), 42 Pa. C. S. §8541. We affirm.

Since a motion for judgment on the pleadings is essentially in the nature of a demurrer, all well-pleaded averments of the non-moving party are deemed to be true by the moving party, even…