ZK Result – Attorney Aaron Weiss Obtains Dismissal of Parent in Lawsuit for Injuries at Daughter’s College Apartment
(Allegheny County, PA) (March 2021). Zimmer Kunz attorney Aaron Weiss recently obtained a dismissal of a parent from a lawsuit for personal injuries arising out of his daughter’s college apartment. A college student alleged that he was injured when he fell from the roof of an apartment during a party. When the student sued the landlord of the multi-unit building, the landlord tried to join one of its tenants as well as her father, who co-signed the Lease for purposes of guaranteeing payment.
Zimmer Kunz filed Preliminary Objections on behalf of the father, arguing that he could not be liable based upon the plain language of the Lease, since he (1) was not present at the time of the party, (2) never resided at the apartment, (3) did not maintain any ownership or control of the apartment, and (4) could not be deemed a “resident.” It was further argued that to permit such a lawsuit to proceed would improperly open the door to potential liability for any family member or friend who assists another with financial funding.
After briefing and oral arguments, Judge Michael A. Della Vecchia sustained the Preliminary Objections and dismissed the father from the lawsuit, with prejudice.
