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FRITZ NORDMANN AND ANNA NORDMANN v. COMMONWEALTH PENNSYLVANIA AND JOSEPH BUCHEIT & SONS CO. KEYSTONE IRON & METAL CO. (12/22/83)

decided: December 22, 1983.

FRITZ NORDMANN AND ANNA NORDMANN, HIS WIFE
v.
COMMONWEALTH OF PENNSYLVANIA AND THE JOSEPH BUCHEIT & SONS CO. KEYSTONE IRON & METAL CO., INC., APPELLANT. FRITZ NORDMANN AND ANNA NORDMANN, HIS WIFE V. KEYSTONE IRON & METAL CO., INC. AND LEWINTER TRANSFER CO. KEYSTONE IRON & METAL CO., INC., APPELLANT



Appeals from the Order of the Court of Common Pleas of Allegheny County in case of Fritz Nordmann and Anna Nordmann, his wife v. Commonwealth of Pennsylvania and The Joseph Bucheit & Sons Co., a corporation, No. GD 78-21687, and Fritz Nordmann and Anna Nordmann, his wife v. Keystone Iron and Metal Co., Inc., a corporation, and LeWinter Transfer Co., a corporation v. The Joseph Bucheit & Sons Co., a corporation, No. GD 79-21228.

COUNSEL

John A. Bacharach, Girman & Bacharach, for appellant.

Clyde T. MacVay, Evans, Ivory & Evans, P.C., for Fritz and Anna Nordmann.

John J. Eidemueller, for Commonwealth of Pennsylvania.

John J. Repcheck, for Joseph Bucheit & Sons Co.

James F. Malone, III, for LeWinter Transfer Co.

President Judge Crumlish, Jr. and Judges Williams, Jr. and Barbieri, sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 79 Pa. Commw. Page 188]

Keystone Iron & Metal Company, Inc. (Keystone) appeals from an order of the Court of Common Pleas of Allegheny County vacating the order of summary judgment rendered in favor of Keystone.

Fritz and Anna Nordmann (husband and wife), plaintiffs below, instituted a trespass action against Keystone, LeWinter Transfer Company, Inc. (LeWinter), the Joseph Bucheit & Sons Company, Inc. (Bucheit) and the Commonwealth of Pennsylvania, arising from an injury to Fritz Nordmann in the course of his employment with Bucheit. In 1974 Bucheit contracted with the Department of Transportation to demolish and remove a bridge in Pittsburgh, Pennsylvania, with Bucheit becoming the owner of the

[ 79 Pa. Commw. Page 189]

    scrap metal. Keystone agreed to purchase the scrap from Bucheit, and then arranged for LeWinter to haul the metal from the bridge site to Keystone's scrap yard. On June 2, 1978, plaintiff, an ironworker loading scrap onto LeWinter's scrap hauler at the bridge site, was injured after being thrown out of the truck when the vehicle stopped instantly after unexpectedly rolling backwards.

During discovery, plaintiffs served interrogatories on Keystone which, through its President, denied that its employes (1) were present at the bridge site at any time during the scrap loading, and (2) had any knowledge of the condition of LeWinter's trucks and equipment, loading methods and safety procedures employed Averring that its only involvement with the project was to purchase scrap metal from Bucheit and that no material facts were in dispute, ...


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