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CHARLES YOUNG v. EASTERN ENGINEERING AND ELEVATOR COMPANY (02/08/89)

filed: February 8, 1989.

CHARLES YOUNG
v.
EASTERN ENGINEERING AND ELEVATOR COMPANY, INC., APPELLANT, H.H. ROBERTSON COMPANY, THE BALLINGER COMPANY, THE WILLIARD COMPANY, TURNER CONSTRUCTION COMPANY, CITY OF PHILADELPHIA BOARD OF TRUSTS, AND GEMH 2, INC. AND THE CITY OF PHILADELPHIA. APPEAL OF EASTERN ENGINEERING AND ELEVATOR COMPANY, INC.



Appeal from the Orders of the Honorable Curtis C. Carson of the Philadelphia Court of Common Pleas, at No. 1086 Civil Trial Division, Dated June 16, 1987 and July 21, 1987.

COUNSEL

John J. O'Brien, III, Philadelphia, for appellant.

Robert A. Korn, Philadelphia, for Young, appellee.

Barbara A. Pennell, Philadelphia, for H.H. Robertson, appellee.

Joel D. Gusky, Philadelphia, for Ballinger, appellee.

Michael Saltzburg, Philadelphia, for Williard, appellee.

Charles E. McClafferty, Philadelphia, for Turner, appellee.

Thomas E. Byrne, III, Philadelphia, for Bd. of Trusts, appellee.

Patrick M. Shea, Philadelphia, for Gemh 2, appellee.

John B. Day, Deputy City Solicitor, Philadelphia, for Philadelphia, appellee.

Wieand, McEwen and Melinson, JJ.

Author: Melinson

[ 381 Pa. Super. Page 430]

Appellant, Eastern Engineering and Elevator Company, Inc. [hereinafter "Eastern"], appeals from two Orders of the Court of Common Pleas issued by the Honorable Curtis C. Carson on June 16, and July 21, 1987, granting motions for summary judgment filed on behalf of Appellees, H.H.

[ 381 Pa. Super. Page 431]

Robertson Company [hereinafter "Robertson"] and The Ballinger Company [hereinafter "Ballinger"].

On October 10, 1979, Plaintiff, Charles Young [hereinafter "Young"], fell into an open elevator shaft while working on the construction of Wills Eye Hospital in Philadelphia. As a result of his fall, Young sustained serious bodily injury. The opening through which he fell was a twentyinch wide gap in the drywall enclosure surrounding the elevator shaft. Young filed suit against the various parties responsible for the hospital's construction. Those parties and their respective roles are as follows:

(1) The City of Philadelphia, Trustee under the will of James Wills, Deceased -- owner of the land;

(2) The Ballinger Company -- architect;

(3) Turner Construction Company -- general contractor/construction manager;

(4) Eastern Engineering & Elevator Co., Inc. -- ...


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