This matter arose out of a slip and fall incident at the Philadelphia International Airport. The Plaintiff apparently took a trip prior to her flight.
In this appeal, the court noted that, where summary judgment had been granted against the Plaintiffs’ claims against the municipal Defendant, that Defendant could not be held liable for purposes of contribution or indemnity relative to the Co-Defendants.
The court more specifically noted that, where the municipal Defendant had secured summary judgment on the common law ground that it did not have actual or constructive notice of the condition on the land that the Plaintiff claimed was responsible for her injury, that Defendant likewise could not be held liable for indemnity on the cross-claims asserted by the Co-Defendants.
The Commonwealth Court additionally noted that, because the non-municipal Defendant did not oppose the municipal Defendant’s summary judgment motion against the Plaintiff’s claims, which claims were also the basis of the non-municipal Defendant’s crossclaims, that non-municipal Defendant was found to have waived any right to contest the granting of summary judgment.
That waiver and the entry of summary judgment precluded the non-municipal Defendant from later moving to have the municipal Defendant added to the verdict sheet under the Fair Share Act. This was so because the municipal Defendant, by virtue of summary judgment decision, had already been adjudicated as not being a joint tortfeasor with the Co-Defendant relative to the claims of the Plaintiff.
The Court ruled that a subsequent trial judge’s Order granting the non-municipal Defendant’s Motion In Limine to allow evidence against the municipal Defendant and to place it on the verdict sheet therefore violated the coordinate jurisdiction doctrine. As such, the court on appeal ruled that the non-municipal Defendant could certainly assert that it was not liable on the Plaintiff’s claims at trial, but that Defendant could not argue that the municipal Defendant was liable.
Anyone wishing to review a copy of this decision may click this LINK.
I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.
In this appeal, the court noted that, where summary judgment had been granted against the Plaintiffs’ claims against the municipal Defendant, that Defendant could not be held liable for purposes of contribution or indemnity relative to the Co-Defendants.
The court more specifically noted that, where the municipal Defendant had secured summary judgment on the common law ground that it did not have actual or constructive notice of the condition on the land that the Plaintiff claimed was responsible for her injury, that Defendant likewise could not be held liable for indemnity on the cross-claims asserted by the Co-Defendants.
The Commonwealth Court additionally noted that, because the non-municipal Defendant did not oppose the municipal Defendant’s summary judgment motion against the Plaintiff’s claims, which claims were also the basis of the non-municipal Defendant’s crossclaims, that non-municipal Defendant was found to have waived any right to contest the granting of summary judgment.
That waiver and the entry of summary judgment precluded the non-municipal Defendant from later moving to have the municipal Defendant added to the verdict sheet under the Fair Share Act. This was so because the municipal Defendant, by virtue of summary judgment decision, had already been adjudicated as not being a joint tortfeasor with the Co-Defendant relative to the claims of the Plaintiff.
The Court ruled that a subsequent trial judge’s Order granting the non-municipal Defendant’s Motion In Limine to allow evidence against the municipal Defendant and to place it on the verdict sheet therefore violated the coordinate jurisdiction doctrine. As such, the court on appeal ruled that the non-municipal Defendant could certainly assert that it was not liable on the Plaintiff’s claims at trial, but that Defendant could not argue that the municipal Defendant was liable.
Anyone wishing to review a copy of this decision may click this LINK.
I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.
Source of image: Photo by Alex P on www.pexels.com.
