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Brown v. The End Zone, Inc.

Pennsylvania Superior Court

June 29, 2021

This was a multi-party appeal in which the Pennsylvania Superior Court spent more time wrestling with appellate procedure than on the issues raised. First, the court sua sponte questioned whether each party complied with Walker. After deciding the parties filed appropriate notices of appeal, the Court found that one defendant failed to property preserve some claims for appellate review by failing to articulate the issues in post-trial motions properly and its statement of matters complained of on appeal. The Court agreed with one of the plaintiffs that the trial court erroneously granted another defendant’s motion for nonsuit. The Court found that a landlord out of possession could be liable for injuries on the premises based on Section 379A of the Restatement (Second) of Torts.

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