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2012 PA Super 245
JAMES LONGWELL AND DELORES  :  IN THE SUPERIOR COURT OF  
LONGWELL, HUSBAND AND WIFE  :  PENNSYLVANIA  
:  
Appellants  :  
:  
v.  :  
:  
JOSEPH GIORDANO, JR. AND BETH  :  
LYNN GIORDANO, HUSBAND AND  :  
WIFE, VALLEYVIEW ESTATES :  
:  
v.  :  
:  
C.J. LONG PAVING COMPANY  :     No. 288 WDA 2012  

Appeal from the Order entered February 3, 2012 in the Court of Common Pleas of Lawrence County,  Civil Division, at No: 10784 of 2010, C.A..
BEFORE: BENDER, DONOHUE, and STRASSBURGER,* JJ.
OPINION BY STRASSBURGER, J.:            Filed: November 8, 2012  James and Delores Longwell (the Longwells) appeal from the order of
February 3, 2012 which granted summary judgment in favor of Joseph and
Beth Giordano (the Giordanos) and C.J. Long Paving Company (C.J. Long).
We reverse in part, affirm in part, and remand for further proceedings
consistent with this opinion. The trial court summarized the relevant facts as follows: Prior to December 2008, [the Longwells] had lived at the Valleyview Estates apartment complex for approximately 20 years - 10 years at their present apartment, and 10 years previously in another apartment in the complex.  [Mr. Longwell] testified that the driveway had been repaired two years before his fall. However, from the evidence now of record and the pleadings it appears that the most recent repaving had been
* Retired Senior Judge assigned to the Superior Court.
performed in the summer of 2008, approximately six months before the accident.  
During the summer of 2008, [the Giordanos] engaged C.J. Long to repave the driveways and parking areas of the apartment complex. [The Longwells] did not give any direction to C.J. Long regarding leveling of the asphalt and surrounding yard.
[Mr. Longwell] testified that, after the repaving, at least in nice weather, he had traversed the driveway that he traversed the night of the accident. [Mr. Longwell] was familiar with the asphalt and where it started and ended and the grass began and was aware that there was a drop-off.  
On a weekend in December, 2008, [the Longwells

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Pennsylvania Law