No. 2063 Philadelphia, 1982, No. 2390 Philadelphia, 1982, Appeal from the Order of July 7, 1982, Court of Common Pleas, Philadelphia County, Civil Division at No. 6471 October Term, 1977.
Richard A. Kraemer, Philadelphia, for appellant (at No. 2063) and for appellee (at No. 2390).
Sarah C. Makin, Assistant City Solicitor, Philadelphia, for appellant (at No. 2390) and for appellee (at No. 2063).
Stephen G. Console, Philadelphia, for Nugent, appellee.
Rowley, Montemuro and Johnson, JJ.
[ 331 Pa. Super. Page 147]
The City of Philadelphia and Paul Rimmeir have brought two separate appeals from the order of the Honorable Lawrence J. Prattis denying their separate requests for indemnity for their respective liabilities in tort for the unfortunate accident that resulted in the death of Nancy and Luca Landis Sirianni. In this consolidated opinion, we have undertaken to decide both appeals. We affirm.
On August 11, 1977, Mrs. Nancy Sirianni and the unborn child of the Siriannis were killed when a party wall, located between 1027 and 1029 North Third Street, Philadelphia,
[ 331 Pa. Super. Page 148]
collapsed upon Mrs. Sirianni during the demolition of the adjoining properties at 1027 North Third Street. Following the death of his wife and unborn child, Mr. Sirianni filed an action in trespass under the wrongful death and survival statutes naming as defendants the City of Philadelphia, Paul Rimmeir, and Nugent Brothers, Inc. Subsequently, Paul Rimmeir joined Carmen Fichera as an additional defendant.
The case proceeded to trial on February 17, 1981. The jury rendered a verdict in favor of Mr. Sirianni. In answer to special interrogatories, it found that Paul Rimmeir, Nugent Brothers, and the City had been negligent and that their negligence was a substantial factor in causing Mrs. Sirianni's death. The jury also concluded that the negligence of the City and Nugent Brothers was not an intervening and superseding cause so as to relieve Paul Rimmeir of liability. The jury found Nugent Brothers to be 50% negligent. The jury set the percentages of negligence for Paul Rimmeir and the City to be 25% respectively. Carmen Fichera was not found liable. The jury's verdict is not challenged in these appeals.
Although there is no indication in the record, it is apparent that the questions of indemnity were to be decided by the trial judge upon the whole record after the jury's verdict. Indemnity was sought by Paul Rimmeir from the City and Nugent Brothers and by the City from Paul Rimmeir and Nugent Brothers. The trial judge concluded that neither the City nor Paul Rimmeir were entitled to indemnity. The trial judge found that both were concurrent tortfeasors and, as such, were not entitled to indemnity. He also ...