Summary
In Papa v. Pittsburgh Penn CenterCorporation, 421 Pa. 228, 218 A.2d 783 (1966), our Supreme Court found that the evidence adduced at trial supported a finding of negligence on behalf of a landlord who retained control over the hallway where tenant's business invitee slipped and fell on the accumulation of water and dirt.
Summary of this case from Dorsey v. Continental AssociatesOpinion
March 18, 1966.
April 19, 1966.
Negligence — Possessors of land — Lessors — Office building — Hallway — Condition — Pool of water — Business visitor — Contributory negligence — Superseding cause — Practice — New trial — Evidence — Impeachment — Collateral issue — Speech of counsel — Propriety.
In this appeal by defendant from judgments entered on separate verdicts for the two plaintiffs, after the denial of defendant's motion for judgment non obstante veredicto and for a new trial, in which it appeared that wife-plaintiff was a business visitor in defendant's office building and transacted business with one of defendant's lessees, that she slipped on a water covered hallway, fell and was severely injured; that the water came from snow which blew in a window opened by a tenant and also from snow tracked in by users of the building, and had been on the hall floor for 3 1/2 hours before the accident, it was Held that (1) the issues of negligence and contributory negligence were for the jury; (2) no issue of intervening superseding cause was in the case; (3) the trial court properly refused defendant's offer to impeach plaintiff's credibility by proving a prior fall by plaintiff, because there was no offer to prove such fall had caused an injury for which plaintiff was claiming damages in this case; (4) a witness may not be contradicted on a collateral issue; and (5) in view of the evidence, the trial court did not abuse its discretion in refusing to withdraw a juror after plaintiff's counsel argued that the husband is a sick man and "they will not have any money except what the jury awards today."
Before MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.
Appeal, No. 20, March T., 1966, from judgment of Court of Common Pleas of Allegheny County, Oct. T., 1958, No. 3018, in case of Frances Papa and William Papa, her husband v. Pittsburgh Penn-Center Corporation. Judgment affirmed.
Same case in court below: 38 Pa. D. C.2d 756.
Trespass for personal injuries. Before OLBUM, J.
Verdict for husband plaintiff in amount of $15,000 and for wife plaintiff in amount of $25,000; defendant's motions for judgment non obstante veredicto and for new trial refused and judgment entered on the verdicts. Defendant appealed.
William C. Walker, with him Dickie, McCamey Chilcote, for appellant.
James E. Beasley, with him Behrend, Phillips and Hudson, for appellees.
Judgment affirmed on the opinion of Judge DAVID OLBUM, of the Court of Common Pleas of Allegheny County, reported in 38 Pa. D. C.2d 756.