Is Evidence Which Does Not Demonstrate Circumstances and Conditions Similar to a Particular Case and Place of Drowning Admissible ?
In Barr v. City and County of Philadelphia, 653 A.2d 1374 (Pa. Cmwlth. 1995), rev'd on other grounds sub nom., Lory v. City of Philadelphia, 544 Pa. 38, 674 A.2d 673 (1996), the decedent drowned in a natural body of water, locally known as Devil's Pool, located in the City's Fairmount Park.
The administratrix of his estate filed suit against the City alleging negligence and willful misconduct with respect to the City's maintenance of Devil's Pool.
During trial, the court of common pleas allowed the admininstratrix to present evidence of prior swimming pool accidents that did not occur at Devil's Pool.
On appeal, we held that the court erred inasmuch as the evidence did not demonstrate circumstances and conditions similar to those at Devil's Pool when the decedent drowned.