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RATNER v. DAY BY DAY ENT., INC. ET AL.

No. 586 C.D. 1986.

110 Pa.Commw. 253 (1987)

532 A.2d 68

Rae Ratner v. Day by Day Enterprises, Inc., et al. and Philadelphia Electric Company and City of Philadelphia. Philadelphia Electric Company, Appellant.

Commonwealth Court of Pennsylvania.

Argued February 26, 1987.

Attorney(s) appearing for the Case

Kevin McNolty, with him, Joseph M. Donley and Robert Emmet Hernan, Kittredge, Kaufman & Donley, for appellant.

Norman G. Prajzner, Chief Assistant City Solicitor, with him, Armando A. Pandola, Jr., Chief Deputy, Claims, and Handsel B. Minyard, City Solicitor, for appellee, City of Philadelphia.

Before Judges MacPHAIL and BARRY, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, October 14, 1987:

This is an appeal by the Philadelphia Electric Company (PECO) from an order of the Court of Common Pleas of Philadelphia County (trial court) which sustained the preliminary objection of the City of Philadelphia (City) to the City's joinder by PECO as an additional defendant, and which dismissed the complaint against the City with prejudice.

This case arises due to injuries sustained in a fall. It is alleged that on...

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