ERB v. MACKEY


49 Pa. D. & C. 2d 236 (1970)

Erb v. Mackey

Common Pleas Court of Delaware County, Pennsylvania.

June 8, 1970.


Attorney(s) appearing for the Case

Norman L. Haase, for plaintiffs.

William C. Beatty, for defendant.


DE FURIA, J., June 8, 1970.

Defendant moves for summary judgment on the pleadings.

Defendant-landlord, by reason of exculpatory terms of the lease, claims immunity from liability to plaintiffs-tenants, in a suit based upon defendant's negligence in failing to properly maintain a common walkway and parking lot on which wife-plaintiff allegedly fell on December 25, 1966.

The single issue is whether or not the tenants have waived their rights to claim...

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