# DiLauro v. One Bala Avenue Associates

> Supreme Court of Pennsylvania · September 29, 1986 · 357 Pa. Super. 209

URL: https://www.frixlaw.com/law-library/cases/9754481

## Case

- **Full name:** Dominick DiLAURO v. ONE BALA AVENUE ASSOCIATES and Bala Realty Associates, Inc., Appellants
- **Court:** Supreme Court of Pennsylvania
- **Decided:** September 29, 1986
- **Citations:** 357 Pa. Super. 209; 515 A.2d 939; 1986 Pa. Super. LEXIS 12406
- **Precedential status:** Published
- **Opinion:** Concurrence by Wieand
- **Judges:** Wickersham, Wieand, Popovich
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9754481

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9754481. Public record. Not legal advice.