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MICHAEL EGAN AND SUSAN EGAN v. ATLANTIC RICHFIELD COMPANY (12/06/89)

filed: December 6, 1989.

MICHAEL EGAN AND SUSAN EGAN, H/W
v.
ATLANTIC RICHFIELD COMPANY, LLEWELYN-DAVIES ASSOCIATES, DAVIS BRODY & ASSOCIATES, AND DYNAMIT NOBEL OF AMERICA, INC. V. WARREN-EHRET-LINCK COMPANY AND TURNER CONSTRUCTION COMPANY. APPEAL OF WARREN-EHRET-LINCK COMPANY. (TWO CASES) MICHAEL EGAN AND SUSAN EGAN, H/W V. TURNER CONSTRUCTION COMPANY



Appeal from the Order Entered Docketed October 31, 1988 in the Court of Common Pleas of Philadelphia County Civil Division, No. 6171 June Term, 1981. Appeal from the Order Entered Docketed October 31, 1988 in the Court of Common Pleas of Philadelphia County Civil Division, No. 2783 November Term, 1981.

COUNSEL

G. Wayne Renneisen, Philadelphia, for Warren-Ehret-Linck Co., appellant.

James L. McKenna, Philadelphia, for Turner Const., appellee.

Tamilia, Kelly and Cercone, JJ.

Author: Cercone

[ 389 Pa. Super. Page 291]

This appeal involves two civil actions which were consolidated prior to trial in the Court of Common Pleas of Philadelphia County. The appeal is from an order entered October 31, 1988, and docketed November 16, 1988, denying the motion of appellant, Warren-Ehret-Linck Company (WELCO), for post-trial relief. This order was reduced to judgment in favor of appellees Atlantic Richfield Company and Turner Construction Company (Turner) on November 22, 1988.*fn1 On November 30, 1988, appellant filed this timely appeal. We affirm.

[ 389 Pa. Super. Page 292]

The facts of the case as set forth by the lower court are as follows:

The Atlantic Richfield Company (defendant, hereinafter ARCO) is the owner of the Chemical Research and Engineering Center located in Newton Square, Pennsylvania. In January, 1978, ARCO entered a contract with Turner (also defendant) to become the general contractor for construction of the ARCO Center. In April, 1979, Turner entered into a contract with Warren-Ehret-Linck Company (additional defendant, hereinafter WELCO), the subcontractor to perform roofing work. Egan, the plaintiff, was an employee of WELCO who did roofing work under the subcontract.

The terms of the contract between Turner and WELCO included an indemnity clause which reads in part:

The subcontractor agrees to indemnify and save harmless Turner, its officers, agents, servants and employees from and against any and all such claims, and further from and against any and all loss, cost, expense, liability, damage or injury . . . the Subcontractor agrees to and does hereby assume, on behalf of Turner, its officers, agents, servants and employees, the defense of any action at law or in equity which may be brought against Turner . . .

The agreement also required WELCO to obtain, at its own expense, insurance, including bodily injury and property damage.

Michael Egan, while working on the roof of the ARCO Research Center, fell through a skylight 39 ...


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