Arnold v. Borbonus

HOFFMAN, Judge:

Appellant contends that the lower court erred in sustaining appellee’s preliminary objections in the nature of a demurrer to its third party complaint. We affirm.

On October 29, 1976, plaintiffs filed a complaint in trespass in the Westmoreland County Court of Common Pleas to recover for injuries suffered and damages incurred in an employment related accident. In the complaint, plaintiff, Robert Arnold, averred that on February 16, 1976, as an employee of appellee, Ramaley Brothers, he was performing excavation work on land owned and developed by defendants, Catherine and…