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GEORGE v. BREHM
October 5, 1965
Laura M. GEORGE
Donald BREHM and Florence Brehm t/d/b/a Don's Dairy Store Delicatessen and Clarion Borough. CLARION BOROUGH v. Frank H. HAHNE, Jr., individually and t/a Hahne Building, and Ruth H. Sloan
The opinion of the court was delivered by: GOURLEY
This is a diversity negligence proceeding in which plaintiff claims she was injured when she slipped on a sidewalk in front of the Hahne Building in Clarion, Pennsylvania, due to an accumulation of ice and snow; and that said injuries resulted due to (1) the negligence of defendant Clarion Borough in failing to maintain said sidewalk in a safe condition and (2) the negligence of defendants Donald and Florence Brehm, trading and doing business as Don's Dairy Store Delicatessen (hereinafter referred to as "the Brehms") who are lessees of a portion of the first floor of the Hahne Building, and permitted ice and snow to form and remain on the sidewalk.
Defendant Clarion Borough filed a cross-claim against the Brehms and also filed a third-party action against the owner of the Hahne Building, Frank H. Hahne, Jr., and Ruth H. Sloan, a tenant on the second floor of said building.
Hahne also filed a cross-claim against the Brehms.
The immediate matters before the Court are Motions for Summary Judgment in this action in favor of:
1. Donald Brehm and Florence Brehm, trading and doing business as Don's Dairy Store Delicatessen, defendants, and against Laura M. George, plaintiff.
2. Clarion Borough, defendant, and against Laura M. George, plaintiff.
3. Frank H. Hahne, Jr., individually and trading as Hahne Building, third-party defendant, and against Laura M. George, plaintiff.
4. Ruth H. Sloan, third-party defendant, and against Laura M. George, plaintiff.
5. Frank H. Hahne, Jr., third-party defendant, and against Clarion Borough, defendant.
6. Ruth H. Sloan, third-party defendant, and against Clarion Borough, defendant.
A Motion for Summary Judgment may be granted only if there is no genuine issue as to any material fact, and the moving party is entitled to a judgment as a matter of law. PAC Construction Company v. New York Factors, Inc., 191 F. Supp. 643 (W.D.Pa.1961).
After a thorough review of the record, arguments and briefs of counsel, and a review of the applicable law, it is the considered judgment of the Court that the Motions for Summary Judgment should be adjudicated as follows:
1. With respect to the Brehms' Motion for Summary Judgment against plaintiff's claim, it is well settled under Pennsylvania law that a tenant who has leased only a part of a building's ground floor is not liable to a third person for injury resulting from an accumulation of snow or ice on the sidewalk. Weingreen v. Gomberg, 416 Pa. 567, 207 A.2d 781 ...
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