FOX PARK CORP. v. JAMES LEASING CORP.


433 Pa.Super. 505 (1994)

641 A.2d 315

FOX PARK CORPORATION, General Interiors Construction Company, Inc., Herbert Holland and Annie Holland, v. JAMES LEASING CORP., Formerly Known As James Flowers, Inc., Frankford Concrete Company, Inc., Standard Builders, Inc., The Peltz Company, Reliance Security Service Inc., and Bach Security Systems, Inc., v. ROBINSON ALARM COMPANY, Ivan Blitz t/a Ivan Blitz Group, Steven J. Helzner, P.E. LIONEL LEISURE, INC., d/b/a Kiddie City, v. JAMES LEASING CORP., Formerly Known As James Flowers, Inc., Frankford Concrete Co., Inc., Fire Protection Inc., Reliance Security Systems, Inc., and Bach Security Systems, Inc. v. FOX PARK CORPORATION, Carpet Warehouse, Inc., Morton Floor Covering Co., Robinson Alarm Co., Ivan Blitz, t/a The Blitz Group, Steven J. Helzner, P.C. LIONEL LEISURE, INC., d/b/a Kiddie City, v. Ivan BLITZ t/a The Blitz Group and Steven J. Helzner, v. JAMES LEASING CORP., Formerly Known As James Flowers, Inc., Frankford Concrete Company, Inc., Standard Builders, Inc., Peltz Fire Protection Inc. a/k/a The Peltz Company, Reliance Security Service, Inc., Bach Security Systems, Inc., Robinson Alarm Company and Fox Park Corporation, MERION FIRE COMPANY OF ARDMORE, v. FOX PARK CORPORATION, Lionel Leisure Inc., James Leasing Corp., Formerly Known As James Flowers Inc., Frankford Concrete Company Inc., Standard Builders Inc., The Peltz Company, Reliance Security Service Inc., Bach Security Systems Inc., Carpet Warehouse Outlet Inc., Ivan Blitz, Individually and t/a The Blitz Group, Stephen J. Helzner, Robinson Alarm Company, v. BOAS BOX COMPANY. BOAS BOX COMPANY, v. JAMES LEASING CORP., Formerly Known As James Flowers Inc., Frankford Concrete Company Inc., Standard Builders Inc., The Peltz Company and Peltz Fire Protection Inc., Reliance Security Service Inc., Bach Security Systems Inc., Ivan Blitz, i/t/a The Blitz Group, Steven J. Helzner, P.E., Morton Floor Covering Company, Inc., v. ROBINSON ALARM COMPANY, Fox Park Corporation. MORTON FLOOR COVERING CO., INC. d/b/a Carpet Warehouse Outlet v. JAMES LEASING CORP., f/k/a James Flowers Inc., Frankford Concrete Company Inc., Standard Builders Inc., The Peltz Fire Protection Company, Reliance Security Service Inc., Bach Security Service Inc., Ivan Blitz t/a The Blitz Group, Steven Helzner, P.E., Fox Park Corporation. COMMERCIAL UNION INSURANCE COMPANY as subrogee of Eleanor Dolan and Eleanor Dolan as Executrix of the Estate of John Dolan, t/a Dolan Electric, v. FOX PARK CORPORATION, James Leasing Corp. Formerly Known As James Flowers Inc., Frankford Concrete Company, Standard Builders Inc., Peltz Fire Protection Inc., Reliance Security Service Inc., Bach Security Systems Inc., Lionel Leisure Corp., t/a C.T. Corporation, Carpet Warehouse Inc., Morton Floor Covering Co., Robinson Alarm Company, Ivan Blitz t/a Ivan Blitz Group, Steven J. Helzner, P.E. Appeal of ROBINSON ALARM COMPANY.

Superior Court of Pennsylvania.

Filed May 3, 1994.


Attorney(s) appearing for the Case

Nancy Campbell, Ardmore, for appellant.

Elaine M. Rinaldi, Philadelphia, for Fox Park and General Interiors, appellees.

Rochelle M. Fedullo, Philadelphia, for Peltz, appellee.

Leonard R. McMonigle, Jr., Philadelphia, for Reliance, appellee.

Andrew N. Schwartz, Philadelphia, for Blitz, appellee.

Saul H. Krenzel, Philadelphia, for Merion Fire, appellee.

Angelo L. Scaricamazza, Jr., Philadelphia, C.T. Corp., appellee.

Richard S. March, John C. Farrell and Edwin L. Scherlis, Philadelphia, for Boas Box, appellee.

Harry J. Sher, Philadelphia, for participating party.

Before ROWLEY, President Judge, and OLSZEWSKI and TAMILIA, JJ.


OLSZEWSKI, Judge:

It is rare that a party appeals a trial court decision absolving it from liability. The Robinson Alarm Company, however, asks us to find it negligent and liable for certain damages caused by a fire in the Fox Park Complex of Ardmore, Pennsylvania. Robinson makes this strange request because it has already settled claims against it, and now seeks reimbursement from Fox Park Corporation, pursuant to their contract in which Fox Park agreed to indemnify...

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