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LANDOWNERS’ LIABILITY-TENTANT IN COMMON-POSSESSION OR CONTROL

Simone v. Zakiul Alam, 2025 Pa. LEXIS 393 (Pa. Supreme Ct., March 20, 2025)

JUSTICE MUNDY
We granted allowance of appeal to consider whether an individual who was a tenant in common of real property—but who was not in possession or control of the property—is an indispensable party in a premises liability action against another tenant in common who exercised possession and control over the property at the time of the plaintiff’s injury. Because we conclude that a tenant in common who did not exercise possession or control over the property is not an indispensable party in a premises liability action, we reverse the order of the Superior Court and remand for further proceedings.