Coatman v. Lower Allen Leisure Enterprises

42 Pa. D. & C.3d 19, 1985 Pa. Dist. & Cnty. Dec. LEXIS 63
CourtPennsylvania Court of Common Pleas, Cumberland County
DecidedJanuary 17, 1985
Docketno. 3728 Civil 1980
StatusPublished

This text of 42 Pa. D. & C.3d 19 (Coatman v. Lower Allen Leisure Enterprises) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Cumberland County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coatman v. Lower Allen Leisure Enterprises, 42 Pa. D. & C.3d 19, 1985 Pa. Dist. & Cnty. Dec. LEXIS 63 (Pa. Super. Ct. 1985).

Opinion

BAYLEY, J.,

This case arises out of a December 5, 1978, accident during the construction of the Alpha Racquetball Club in Lower Allen Township in Cumberland County. Plaintiffs complaint filed on Octobér 3, 1980, named as defendants, Alpha Racquetball, Inc., the alleged owner of the premises; Wohlsen Construction Co., the general contractor; Bortner Bros., Inc., the plumbing contractor, and Roland Nissley, the architect.

Plaintiff, Lester R. Coatman, was an employee of Mueller-Potteiger, Inc., the roofing contractor, when he was injured while working bn the Alpha job in the course of his employment. Bortner Bros, attempted to join Mueller-Potteiger as an involuntary plaintiff. This court, in an opinion and order of March 8, 1983, 33 Cumb. L.J. 238 relying on Kelly v. Carborundum Co., 307 Pa. Super. 361, 453 A.2d [21]*21624 (1982), dismissed the petition for joinder on the basis that Mueller-Potteiger was immune from suit under the Pennsylvania Workmen’s Compensation Act.

In an opinion and order of February 10, 1984, this court granted plaintiffs leave to amend their complaint to name Lower Allen Leisure Enterprises as a defendant. Plaintiffs then filed an amended complaint, identical in all aspects to the original complaint, except that the name “Alpha Racquetball, Inc.” was deleted as a defendant, and Lower Allen Leisure Enterprises was substituted therefor. The architect, Roland Nissley, was not named in this amended complaint since he had already been granted a summary judgment by. an order of this court dated April 6, 1982.

Defendant Lower Allen Leisure Enterprises then filed an additional defendant complaint against Mueller-Pottéiger, Inc., and the Cumberland County Industrial Development Authority, the alleged legal,owner of the land

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Bluebook (online)
42 Pa. D. & C.3d 19, 1985 Pa. Dist. & Cnty. Dec. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coatman-v-lower-allen-leisure-enterprises-pactcomplcumber-1985.