Mace v. Atlantic Refining & Marketing Corp.

CAVANAUGH, Judge:

We are presently obliged to embark upon the murky waters of Pennsylvania contractual indemnification law.

FACTUAL BACKGROUND

On December 8, 1992, plaintiff Mace was at an A-Plus Mini-Market in Philadelphia. He was severely battered with a baseball bat by Perry, an employee of the store. Perry was employed by Barqawi who possessed and operated the market under lease from Atlantic.1 Thus, we have a lawsuit by a victim against the perpetrator employee, the operator-employer, and owner of a retail enterprise.

PROCEDURAL HISTORY

Plaintiff Mace sued the three defendants and Atlantic…