Pennsylvania Supreme Court Reverses Dismissal, Finds Co-Owner Without Control Not an Indispensable Party in Premises Liability Case

On appeal, the Supreme Court of Pennsylvania reversed and remanded the Superior Court’s motion to dismiss order in a premises liability negligence case on the basis that the appellee’s brother, as a tenant-in-common, did not exercise possession or control over the rental premises and, therefore, was not an “indispensable party” who had to be joined. 

The appellant filed a premises liability negligence action after she suffered injuries from slipping and falling on an icy walkway in a common area of the appellee’s business premises. The appellee then filed a motion to dismiss, asserting that the appellant had failed to join his brother, who was a co-owner, as an indispensable party. 

The Supreme Court held that in order to be considered an indispensable party, the party must have exercised some possessory or controlling joint interest in the subject matter of the premises liability case. It noted that this required more than just co-ownership. 

In support of this holding, the Supreme Court highlighted that the appellee alone was the landlord in occupation with intent to control the premises. Relying on the facts of the case to support its holding, it pointed out that the brother was not involved in important matters, such as selecting the premises for purchase, managing the premises as a rental property or receiving rental payments from tenants. Thus, the court concluded that the appellee’s brother was not an indispensable party in the premises liability action brought by the appellant. 

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