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KOSOWAN v. MDC INDUSTRIES, INC.

319 Pa.Super. 91 (1983)

465 A.2d 1069

Kurt KOSOWAN and Regina Kosowan, Appellants, v. MDC INDUSTRIES, INC. and Hall-Woolford Wood Tank Company, Inc.

Supreme Court of Pennsylvania.

Decided September 16, 1983.

Petition for Allowance of Appeal Denied January 16, 1984.

Attorney(s) appearing for the Case

Charles S. Lieberman, Philadelphia, for appellants.

Jerome Gerber, Philadelphia, for MDC, appellee.

Earl T. Britt, Philadelphia, for Hall-Woolford, appellee.

Before SPAETH, WIEAND and HOFFMAN, JJ.

WIEAND, Judge:

Kurt Kosowan, an employee of Hall-Woolford Wood Tank Company, Inc. (Hall-Woolford), sustained personal injuries when he fell through a rotted portion of a wooden platform surrounding a water tank which his employer had contracted to dismantle. He and his wife filed an action in trespass against MDC Industries, Inc., the owner of the water tank, and also against Hall-Woolford. The trial court sustained preliminary objections in the nature of a demurrer...

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