Harred first argues that as a landlord out of possession, it has no duty to protect lessees or those on the property by the lessees' right from the criminal acts of third persons. A complaint is properly dismissed only if it appears certain that the plaintiff cannot prove any set of facts in support of its claim which would entitle it to relief. The Court must accept as true all of the allegations in the pleadings and must give the plaintiff the benefit of every favorable inference that can be drawn from those allegations. In considering a Rule 12(b) (6) motion, a court must primarily consider the allegations contained in the complaint, although matters of public record, orders, items appearing in the record of the case and exhibits attached to the complaint may also be taken into account. Harred now moves to dismiss pursuant to Fed.R.Civ.P. He and his wife, Angela Bryan ("the Bryans"), instituted this action against the above named defendants, alleging that they were negligent in failing to provide security for persons on the premises, and for failing to provide a safe premises for those lawfully on the premises. Ten years later, on April 17, 1994, Plaintiff Lenford Bryan entered Acorn, where he was shot and injured. Upon the signing of the lease, the Attiyehs assumed operation of Acorn and its public bar. On or about September 11, 1984, Harred leased the premises to Defendants Dennis and George Attiyeh ("the Attiyehs"), who own and operate Defendant Acorn Hotel, Inc. This action comes before us on Defendant Harred Fuel Company's motion to dismiss for failure to state a claim upon which relief can be granted and in the alternative, for summary judgment.ĭefendant Harred Fuel Company ("Harred"), owns the premises at 451 Lehigh Street in Allentown, Pennsylvania. Pinnie, Frayne & Tuite, Wayne, PA, for Defendant: Harred Fuel. Attiyeh.ĭavid Nichols, Allentown, PA, for Defendant: G. Weiner, Weiner & Gall, Montvale, NJ, for Plaintiffs.ĭavid Bargeron, Philadelphia, PA, for Defendant: D. Lenford Washington BRYAN and Angela BryanĪCORN HOTEL, INC., Dennis Attiyeh, George Attiyeh, and Harred Fuel Company.
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