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JAMES REMAS v. DUQUESNE LIGHT COMPANY (02/16/88)

filed: February 16, 1988.

JAMES REMAS, APPELLEE,
v.
DUQUESNE LIGHT COMPANY, A CORPORATION, APPELLANT, V. GREGG SECURITY SERVICES, INC., APPELLEE



Appeal from the Order Entered January 15, 1987 in the Court of Common Pleas of Allegheny County, Civil Division, at No. G.D. 86-12384.

COUNSEL

Amy S. Cunningham, Pittsburgh, for appellant.

Anne F. Duggan, Pittsburgh, for Gregg, appellee.

Rowley, Del Sole and Montgomery, JJ.

Author: Montgomery

[ 371 Pa. Super. Page 184]

This is an appeal from a lower court Order which granted Preliminary Objections in the nature of a demurrer, and dismissed a Complaint to Join an Additional Defendant. The case began with a Complaint filed by Plaintiff-Appellee James Remas against Defendant-Appellant Duquesne Light Company, a Corporation (hereinafter referred to as "Duquesne"). That Complaint asserted that the Plaintiff had suffered a fall and injuries in the course of his duties, while walking as a security person on Duquesne's property. The Plaintiff attributed his fall and consequent injuries to the alleged failure by Duquesne to properly maintain and to clear ice and snow from the area where he fell, and to other related acts of purported negligence by the Defendant relating to the conditions which prevailed in the area of his fall. At the time of his accident, the Plaintiff was an employee of the Appellee Gregg Security Services, Inc. (hereinafter referred to as "Gregg"). Duquesne sought to bring Gregg into the action as an Additional Defendant. Gregg filed the Preliminary Objections which led to the

[ 371 Pa. Super. Page 185]

    lower court Order dismissing Duquesne's Complaint to Join Additional Defendant. This appeal followed.

In the recent case of Leach v. Hough, 352 Pa. Super. 213, 507 A.2d 848 (1986), our Court discussed the guidelines applicable in the review of an appeal such as this. We pointed out that an appellate court reviewing the grant of a demurrer must accept as true all well-pleaded material facts in the complaint, as well as all inferences which may be reasonably deduced therefrom. However, we noted that unjustified inferences and conclusions of law may not be drawn from the face of the complaint. The court ruling on the demurrer may not supply facts missing from the complaint, but may only consider those matters as arise out of the complaint. Finally, we stated the well-established rule that if there is any doubt about whether the preliminary objections should be granted, the doubt should be resolved in favor of overruling the demurrer.

The Complaint to Join Additional Defendant in this case recited the following: It first asserted that Duquesne and Gregg had entered into an agreement whereby the latter would provide security guard services to the former at various facilities. That agreement required Gregg to furnish and maintain certain types of insurance, and contained a hold-harmless and indemnity provision. Further, it contained detailed safety requirements applicable to Gregg and specifications as to the type of services to be provided. It was claimed that Gregg violated its agreement with Duquesne by failing to provide proper equipment to its personnel assigned to Duquesne, and failed to assign personnel who met the specifications set forth in the agreement. Finally, while denying liability to Mr. Remas, Duquesne maintained that if it were held liable to him, Gregg would be liable to Duquesne for indemnification, pursuant to the agreement between them.

The agreement between Duquesne and Gregg was attached as an exhibit to the Complaint to Join Additional Defendant. The indemnity provision of that agreement,

[ 371 Pa. Super. Page 186]

    which is significant in our resolution of the instant appeal, ...


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