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Attorneys obtained summary judgment in a case where the defendants, two teenage boys, were throwing pears at the plaintiff, a ten year old boy

Attorneys obtained summary judgment in a case where the defendants, two teenage boys, were throwing pears at the plaintiff, a ten year old boy. One of the pears struck the plaintiff in the eye, causing a permanent loss of vision in that eye. Although defendant was throwing pears at the plaintiff, the facts indicated that it was the co-defendant who threw the pear that actually struck the plaintiff. Plaintiff argued that both defendants were acting in concert as set forth in Section 876 of the Restatement (Second). In granting Summary Judgment the Court agreed that the Pa. Supreme Court qualified its adoption of Section 876 by stating that it is not applicable if "the tortfeasors are able to prove that they have not caused the harm".

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