REMY v. MICHAEL D'S CARPET OUTLETS


391 Pa.Super. 436 (1990)

571 A.2d 446

Linda REMY and Michael Mentz, d/b/a Pharo's Restaurant and Pizzeria v. MICHAEL D'S CARPET OUTLETS, Stan's Carpets, Inc., a/k/a Laramie Corporation and Panelrama, Inc., and General Foam Corporation Appeal of MICHAEL D'S CARPET OUTLETS, Laramie Corporation, Stan's Carpet, Inc., and Panelrama, Inc. KIMCO DEVELOPMENT CORPORATION, House of Bargains, Inc., P.A.C. Meat Markets, Inc., d/b/a Boffa Brothers Fine Meats, Fabric Center, Inc., Alfred Palmerio t/a Palmerio Hairstyling, and Bagel Bin, Inc. v. MICHAEL D'S CARPET OUTLETS and Laramie Corporation and Stan's Carpet, Inc. and Panelrama, Inc., and General Foam Corporation Appeal of GENERAL FOAM CORPORATION. MICHAEL D'S CARPET OUTLETS v. GENERAL FOAM CORPORATION. KIMCO DEVELOPMENT CORPORATION; House of Bargains, Inc.; P.A.C. Meat Markets, Inc. d/b/a Boffa Brothers Fine Meats; Fabric Center, Inc.; Alfred Palmerio, t/a Palmerio Hairstyling; Bagel Bin, Inc., Appellants, v. MICHAEL D'S CARPET OUTLETS and Laramie Corporation a/k/a Stan's Carpet, Inc. and Panelrama, Inc. and General Foam Corporation, Appellees. MICHAEL D'S CARPET OUTLETS, Appellant, v. GENERAL FOAM CORPORATION, Appellee.

Supreme Court of Pennsylvania.

Filed March 12, 1990.


Attorney(s) appearing for the Case

Hugh M. Emory, Paoli, for Panelrama.

Peter J. Taylor, Pittsburgh, for Gen. Foam.

Elliott R. Feldman, Philadelphia for Kimco, House of Bargains, P.A.C. Meat Markets, Fabric Center, Alfred Palmerio and Bagel Bin.

Geoffrey Veith, Philadelphia, for Michael D's Carpet and Laramie Corp.

Before WIEAND, BECK and MONTGOMERY, JJ.


WIEAND, Judge:

During the early morning hours of May 10, 1983, a fire broke out in the basement of Michael D's Carpet Outlets (Michael D's) in the Springfield Shopping Center, Delaware County. It consumed the Michael D's store and severely damaged the shopping center, which was owned by Kimco Development Corporation (Kimco), as well as premises of several Kimco tenants. In an action against Michael D's and General Foam Corporation (General Foam), the manufacturer...

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