DORSEY v. CONTINENTAL ASSOCIATES


404 Pa.Super. 525 (1991)

591 A.2d 716

Marian DORSEY, Appellee, v. CONTINENTAL ASSOCIATES and National Liberty Life Insurance Company. Appeal of CONTINENTAL ASSOCIATES. Marian DORSEY, Appellant, v. CONTINENTAL ASSOCIATES and National Liberty Life Insurance Company, Appellees.

Superior Court of Pennsylvania.

Filed April 22, 1991.

Reargument Denied June 26, 1991.


Attorney(s) appearing for the Case

Claudia D. McCarron, Lower Gwynedd, for Continental, appellant (at 689) and for Continental, appellee (at 690).

Nicholas J. Emper, Media, for appellant (at 690) and appellee (at 689).

Before WIEAND, KELLY and CERCONE, JJ.


KELLY, Judge:

In this opinion we are called upon to determine whether a landowner out of possession of premises leased to a tenant may be held liable for injuries sustained by the tenant's employee from a fall on a stairway which was wet and slippery from accumulated rainwater. We find that the condition of the stairway was not a hidden or concealed defect and was discoverable by the tenant. Hence, the landowner owed no duty to the tenant's employee and may not be...

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