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BROWN BOVERI BUILDING AUTOMATION INC. v. MIDLAND-ROSS CORPORATION (08/24/84)

filed: August 24, 1984.

BROWN BOVERI BUILDING AUTOMATION INC., A CORPORATION, AND BBC BROWN BOVERI COMPANY, INC., A CORPORATION
v.
MIDLAND-ROSS CORPORATION, A CORPORATION, URBAN NATIONAL CORPORATION, A CORPORATION, ROMESH T. WADHWANI, AN INDIVIDUAL, AND PRICE WATERHOUSE & CO., A PARTNERSHIP V. BBC BROWN, BOVERI & COMPANY, LIMITED, A CORPORATION, AND BROWN BOVERI COMPU-GUARD CORPORATION, A CORPORATION. APPEAL OF ROMESH T. WADHWANI



No. 00412 PITTSBURGH, 1983, Appeal from an Order in the Court of Common Pleas, Civil Division, of Allegheny County, No. GD 82-05250.

COUNSEL

Kevin P. Lucas, Pittsburgh, for appellant.

Patricia Dodge, Pittsburgh, for appellees.

Rowley, Hester and Roberts, JJ.

Author: Hester

[ 333 Pa. Super. Page 262]

On April 8, 1980, plaintiff below, Brown Boveri Building Automation, Inc., (hereinafter BBBA), purchased all of the stock of appellee, Brown Boveri Compu-guard Corporation. Appellant, Romesh T. Wadhwani, was then President of appellee corporation and a member of its Board of Directors.

[ 333 Pa. Super. Page 263]

The acquisition of appellee by BBBA was accomplished pursuant to a written Acquisition Agreement, which was executed on April 8, 1980. On the same date, appellee agreed to retain appellant for a five-year period ending March 31, 1985. Appellant was, in fact, employed until June 19, 1981, at which time his employment was terminated allegedly for reasons other than "cause or disability."

The original complaint in this action contained five causes of action instituted by BBBA against appellant. The first two counts were in assumpsit for breach of written warranties and the remaining three counts were in trespass for alleged misrepresentation and fraud.

Appellant then instituted a third party complaint against appellee. The first count alleged appellee was the sole or contributing cause of the losses alleged in BBBA's original complaint. The second count alleged that the termination of his position on June 19, 1981 was in breach of his employment contract in that no severance pay was given and that he was not reimbursed for expenses.

Appellee then filed preliminary objections in the nature of a motion to strike the second count on the grounds that the termination of appellant's employment was not sufficiently related to the transactions and occurrences upon which the causes of action in the original complaint were based. Thus, there should be no joinder.

The trial court, upon consideration of the briefs of the parties and oral argument, sustained the preliminary objections of appellee and struck the second count of appellant's claims. It is from this order that appellant perfected his appeal.

Appellant contends that his second count, joining appellee, raised issues identical and inextricably related to the matters raised in BBBA's original complaint. Thus, such count should not have been struck under the liberal joinder standards of Pa.R.C.P. 2252(a) on the grounds ...


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