Beary v. Container General Corp.

KELLY, Judge:

This appeal arises from the trial court’s denial of appellant’s (Container) motions for judgment n.o.v. and a new trial. We modify judgment and affirm.

The instant action commenced when appellee/plaintiff, Jerry Beary (Beary), filed suit sounding in trespass against Pennsylvania Electric Company 1 and appellant Glass Containers Corporation, now Container General Corporation. Container joined Edwards Tank Erection, Inc. (Edwards), Beary’s employer, as an additional defendant upon a theory of contractual indemnity.

The first trial commenced October 19, 1981 2 and, at the conclusion…