The Pennsylvania Supreme Court ruled that a Plaintiff could sue her landlord for a slip-and-fall premises liability negligence accident without including his co-owner brother in the case. The Plaintiff had slipped on a patch of ice outside her rental apartment in 2018, that she blamed on the rental property’s inadequately and negligently maintained. The Landlord/Defendant moved to dismiss the case for lack of jurisdiction, because Plaintiff had not included the landlord’s brother, whose name was also on the deed for the property, and the trial court had agreed.
The court determined that because only one brother, the landlord who was the property manager, had possession and control of the property, his brother who was an absent co-owner not in possession, was not an “indispensable party” to the lawsuit. This ruling clarified that liability in slip-and-fall premises liability cases is based on possession and control, not just ownership, reversing lower court decisions. The case will now proceed in Luzerne County.
The case is Simone v. Alam, case number 35 MAP 2024, in the Supreme Court of Pennsylvania. Simone is represented by Jacqueline Morgan of Lowenthal & Abrams PC. Zakiul Alam is represented by Martin A. Durkin Jr. of Durkin Law Offices PC.
Were you or someone you know involved in a slip-and-fall premises liability negligence accident? Contact Anzalone & Doyle Trial Lawyers today for a free consultation.
