SMAY v. E.R. STUEBNER, INC.


864 A.2d 1266 (2004)

Rodney G. SMAY, Appellee, v. E.R. STUEBNER, INC. and Skyjack, Inc., and United Rentals, Inc. and United Rentals Aerial Equipment, Inc. and Adams, Eisenhower & Meckley, Inc. d/b/a AEM Architects, Inc. and Berks Rigging & Erecting, Inc. and Multani Associates, Inc. and Rose Hill Construction, Inc. and Eshbach Brothers, L.P. and Conrad Weiser Area School District and Greiner Industries, Inc., Appellees. Appeal of Greiner Industries, Inc., Appellant.

Superior Court of Pennsylvania.

Filed December 30, 2004.


Attorney(s) appearing for the Case

Robert Dennison and Robert J. Reger, King of Prussia, for appellant.

Gregory S. Hirtzel, Lancaster, for Smay.

Harry D. McMunigal, Wyomissing, for Skyjack.

Edward J. McGinn, Philadelphia for United Rental.

Laura Herzog, Bethlehem, for Rose Hill.

Heidi Villari, Philadelphia, for Conrad Weiser.

Nicholas Noel, Easton, for Adams, Eisenhower & Meckley.

Before: MUSMANNO, BOWES and POPOVICH, JJ.


OPINION BY BOWES, J.:

¶ 1 Appellant, Greiner Industries, Inc., appeals from the order denying its petition to compel arbitration. After close review of the parties' briefs and the certified record, we are constrained to reverse the trial court's order and remand for arbitration proceedings.

¶ 2 Rodney Smay, the plaintiff in the underlying action, was injured on a high school construction site in the Conrad Weiser Area School District (the "School...

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