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VOLUME 7 February 2005 | ||||||
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PENNSYLVANIA VERDICT: Kumpka v. Colonial School District By Phillip B. Silverman, Esq.
Eleanor Kumpka was a spectator at a cheerleading competition sponsored by Colonial School District. The gymnasium hardwood floor was covered by wrestling mats. After the competition, plaintiff left the bleachers and tripped over the mat. She sustained a displaced intra-articular right radial head fracture. The case was tried and won in the Court of Common Pleas of Montgomery County, Pennsylvania. The issues concerned the application of the Political Subdivision Tort Claims Act and the Real Estate Exception to immunity. The Court allowed the case to be submitted to the jury, citing Grieff v. Reisinger, 693A2d.195(Pa., 1997). The jury rendered a verdict in favor of the school district, finding the defendant not-negligent. |
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