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DAVID R. MENTZER v. FRANK A. OGNIBENE (05/18/89)

decided: May 18, 1989.

DAVID R. MENTZER, APPELLANT,
v.
FRANK A. OGNIBENE, JOEL GALINN, ARTHUR OGNIBENE, F.A.O. LAND MANAGEMENT AND DEVELOPMENT COMPANY, LEONARD S. FIORE, INC., CENTRE REGION COUNCIL OF GOVERNMENT, APPELLEES



Appeal from Common Pleas Court, Centre County, Honorable Charles C. Brown, Jr., Judge.

COUNSEL

Alexander H. Lindsay, Jr., Lindsay & Lutz, Butler, for appellant.

John W. Blasko, State College, and Michael P. Schaefer, Bethel Park, for Frank A. Ognibene, et al.

Lee Gordon Nollau, Jubelirer, Nollau, Young and Blanarik, Inc., State College, for Borough of State College and Centre Region Council of Government.

Darryl R. Slimak, John W. Blasko, McQuaide, Blasko, Schwartz, Fleming & Faulkner, Inc., State College, for Leonard S. Fiore, Inc.

Craig and Barry, JJ., and Kalish, Senior Judge.

Author: Barry

[ 126 Pa. Commw. Page 181]

OPINION

David R. Mentzer (appellant) appeals from orders of the Court of Common Pleas of Centre County sustaining the demurrer of Leonard S. Fiore, Inc. (Fiore) to the first count of appellant's second amended complaint and the demurrer of the Borough of State College and the Centre Region Council of Government (municipal defendants) to the eighth count of appellant's second amended complaint.

Appellant is employed by Fiore, which is engaged in the construction business, as a laborer. On or about June 28, 1985, while constructing an exterior wall on a multi-family dwelling at 953-959 Southgate Drive in the Borough of State College, appellant stepped through a hole cut in the floor for the internal stairway of the building and fell eighteen feet onto a concrete floor. At the time of this

[ 126 Pa. Commw. Page 182]

    accident, there were no safety devices installed in the building which would have prevented the appellant from falling into the open hole.

Appellant thereafter commenced an action against, inter alia, Fiore in order to recover compensatory and punitive damages. By a second amended complaint, he brought the municipal defendants into the action. All the defendants filed preliminary objections to the second amended complaint. The trial court sustained the demurrers to those counts of the second amended complaint relating to Fiore and the municipal defendants and dismissed the ...


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