Raynes v. Sewickley Township

LOUGHRAN, J.,

The defendant, Sewicldey Township, has filed preliminary objections to plaintiff’s first amended complaint in the nature of a demurrer requesting that paragraphs 12(C), 12(G), 12(H), 12(1) and 12(J) be stricken. At argument counsel for the plaintiff conceded that 12(C), 12(1) and 12(J) should be stricken.

For the purpose of this discussion is left 12(G) and 12(H). It must be decided whether the allegations of these paragraphs fall within the exceptions to governmental immunity under 42 Pa.C.S. §8541.

The plaintiff-decedent, Jeremy Lee Raynes, drowned in a swimming pool operated by…