Galligan v. Arovitch
| Decision Date | 19 April 1966 |
| Parties | Theresa M. GALLIGAN, a widow, Appellant, v. John M. AROVITCH and Anna Arovitch, his wife, and Kevy K. Kaiserman, and Hortense Kaiserman, his wife, Individually and t/a Aronimink Arms Apartments. |
| Court | Pennsylvania Supreme Court |
Albert Ring, D'Agui & Del Collo, Philadelphia, for appellant.
Michael R. Bradley, Brooks, Oliver, Macartney & Holl, Media, for appellees.
Before BELL, C.J., and MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
This is an appeal from a judgment on the pleadings in favor of defendants in an action in trespass. On August 4, 1961 plaintiff suffered injuries when she tripped on the lawn area in front of defendants' apartment building, where she resided as a tenant. Plaintiff brought suit alleging negligence on the part of defendants, who filed new matter denying liability on the basis of an exculpatory clause contained in plaintiff's lease, which read as follows:
'Lessee also agrees to be responsible for and to relieve and hereby relieves Lessor from all liability by reason of any damage or injury to any property or to Lessee or Lessee's guests, servants or employees which may arise from or be due to the use, misuse or abuse of all or any of the elevators, hatches, openings, stairways, fire escapes, hallways of any kind whatsoever which may exist or hereafter be erected or constructed on the said premises or the sidewalks surrounding the buildings of which the demised premises is a part, or from any kind of damage or injury which may arise from defective construction, failure of water supply, light, power, electric wiring, plumbing or machinery, wind, lightning, storm or any other cause whatsoever on the said premises or the building of which the demised premises is a part whether such damage, injury, misuse or abuse be caused by or result from the negligence of Lessor, its servants or agents or any other person or persons whatsoever.'
Plaintiff contends that the exculpatory clause is inoperative because the injury did not occur at one of the locations specified therein, and, more broadly, that it is void and against public policy.
Absent the exculpatory clause, it is clear that plaintiff could not suffer an adverse judgment on the pleadings. Thus the lease herein pleaded by defendants has diminished her legal right to recover damages from defendants for injuries caused by their negligence. An agreement or instrument which reduces legal rights which would otherwise exist is strictly construed against the party asserting it and must spell out with the utmost particularity the intention of the parties. Morton v. Ambridge Borough, 375 Pa. 630, 101 A.2d 661 (1954). Likewise, the rules of construction require that a written instrument be strictly construed against the maker. Darrow v. Keystone 5, 10, 25, $1.00 Stores, Inc., 365 Pa. 123, 74 A.2d 176 (1950). Here, plaintiff was injured on the lawn area of defendants' premises. The exculpatory clause purports to relieve the lessor (defendants) of liability for injury or damage incurred at any of seven places--elevators, hatches, openings, stairways, fire escapes,...
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