In recent non-precedential opinion in the case of Mills v. Gubbio’s, LLC 1907 MDA 2015 (Pa.Super. June 28, 2016 Stabile, Platt, Strassburger, J.J.)(Op. by Strassburger, J.), the Pennsylvania Superior Court affirmed Lackawanna County Court of Common Pleas Judge Terrence R. Nealon's decision to enter summary judgment in favor of the defense in a slip and fall matter.
In affirming the trial court decision below, the Superior Court reviewed the current status of the law of liability of a landlord-out-of-possession, including the reserved control exception and the public use exception to those rules of liability.
Also of note is the fact that the Superior Court reaffirmed that the Nanty-Glo Rule does not prevent the party moving for summary judgment from relying upon the testimony of an adverse party, or that adverse party's witnesses, in support of the motion as such admissions by an adverse party or its witnesses is considered to be an "unconditional surrender" by that party or witness on the facts admitted.
While a Plaintiff and a Defendant are obviously adverse parties, this decision affirms Judge Nealon's finding that Co-Defendants, and their witnesses, may also be considered to be adverse parties to one another in this context.
Anyone wishing to review this non-precedential decision may click this LINK.