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WESTINGHOUSE ELEVATOR COMPANY v. ALICE HERRON (03/30/87)

decided: March 30, 1987.

WESTINGHOUSE ELEVATOR COMPANY, APPELLANT,
v.
ALICE HERRON, TRUSTEES OF C.I. MORTGAGE GROUP UNITED ELEVATOR COMPANY, BINSWANGER-HERMAN COMPANY, COMPETITIVE BUILDING MAINTENANCE CORPORATION, IMPERIAL ELEVATOR COMPANY AND AMERICAN BUILDING MAINTENANCE, APPELLEES



Appeal from the Order of the Superior Court of pennsylvania at Nos. 3028 and 3044 Philadelphia 1983, reversing the Order of the Court of Common Pleas of Philadelphia County, Granting a New Trial at No. 1644, June Term 1980, Civil Trial Division. 344 Pa. Super. 631; 495 A.2d 618 (1985).

COUNSEL

Bernard J. Smolens, Philadelphia, for appellant.

James E. Beasley, Philadelphia, for Alice Herron.

Charles W. Craven, Philadelphia, for C.I. Mortg. Group & Binswanger-Herman Co.

G. Wayne Renneisen, Philadelphia, for Imperial Elevator Co.

Paul J. Senesky, Philadelphia, for United Elevator Co.

Jonathan D. Herbst, Philadelphia, for Competitive Bldg. Maint. Corp.

Nix, C.j., and Larsen, Flaherty, Hutchinson, Zappala and Papadakos, JJ. McDermott, J., did not participate in the consideration or decision of this case. Larsen and Hutchinson, JJ., dissent.

Author: Flaherty

[ 514 Pa. Page 254]

OPINION OF THE COURT

On August 8, 1978, Alice Herron, plaintiff in the action which underlies this appeal, was injured when an elevator in which she was riding dropped two feet as it approached the seventh floor of the UGI Building in Philadelphia, throwing Ms. Herron into the seventh floor lobby. Ms. Herron brought an action against Trustees of C.I. Mortgage Group, the building owners, Westinghouse Elevator Company, the manufacturer of the elevator, and United Elevator Company, the elevator maintenance contractor. C.I. Mortgage Group joined additional defendants Binswanger-Herman Company, the building manager, and Competitive Building Maintenance Corporation, the building maintenance contractor. United Elevator Company joined Imperial Elevator, the former elevator maintenance contractor.

[ 514 Pa. Page 255]

Each defendant denied liability and asserted that other defendants were responsible for Ms. Herron's injuries. Thus, as the trial court observed, "The relationships ...


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