Gilbert v. School District of Philadelphia

Opinion by

Judge Barry,

This appeal results from an order of the Philadelphia County Court of Common Pleas which granted a motion for judgment on the pleadings filed by the defendant/appellee School District of Philadelphia (School District), and which denied the plaintiff/ appellants motion for amendment of the pleadings.

The appellant, Barbara Gilbert (appellant), filed a complaint in trespass for the wrongful death of her son, Timothy Gilbert, naming in the caption as defendants the School District and the City of Philadelphia. According to the complaint, the deceased was a student at Simon…