Opinion

DiLauro v. One Bala Avenue Associates

  • 357 Pa. Super. 209
  • 515 A.2d 939
  • 1986 Pa. Super. LEXIS 12406
Court
Supreme Court of Pennsylvania
Filed
Sep 29, 1986
Status
Published
Author
Wieand
On the bench
Wickersham, Wieand, Popovich
Cited by
7 cases
Authority
More cited than 10.3%

One of the criterion that needs to be satisfied to allow later joinder is the petitioner’s responsibility to present “some reasonable justification or excuse for the delay”

How later courts described this case

  • One of the criterion that needs to be satisfied to allow later joinder is the petitioner’s responsibility to present “some reasonable justification or excuse for the delay”

Written by the judges who cited it.

The opinion

WIEAND, Judge,

concurring:

I join the majority’s decision to reverse and remand. I write separately only to make several observations. First, the only reason given by the trial court for refusing to allow the late joinder of the plaintiff’s employer as an additional defendant was that Pa.R.C.P. 2252(a) did not allow the joinder of an express indemnitor in an action based on negligence. I agree with the majority that this issue is controlled by the prior decision of this Court in *225 Szemanski v. Vulcan Materials Co., 272 Pa.Super. 240 , 415 A.2d 92 (1979).

The second observation which I would make is that neither the trial court nor this Court has considered whether the stairway leading to the employer’s office was a part of the “demised premises” within which the agreement to indemnify was operative. The applicability of the indemnification agreement to the facts of this case, therefore, is still an open question. We hold only that it was error to disallow the late joinder in this case solely on grounds that plaintiff’s employer, allegedly an express indemnitor, could not be joined in the plaintiff’s action against the landlord for defective design or maintenance of the stairs to the offices of plaintiff’s employer.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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