Ayala v. Philadelphia Board of Public Education

Concurring Opinion by

Hoffman, J.:

In this appeal, appellant presents a classic situation where the doctrine of governmental immunity has always been applied. Appellant’s sole argument is that this judicially-created immunity should be abolished.

In the court below, appellants brought an action in trespass to recover damages for personal injuries suffered by the fifteen-year-old minor plaintiff which resulted in amputation of the minor’s arm. The injury occurred while minor-plaintiff was operating a shredding machine in the upholstery class in the Carrol School in Philadelphia where he was a…