Mace v. Atlantic Refining & Marketing Corp‪.‬

Appellee Bassam Barqawi, t/a A-Plus Mini Market, ("Barqawi") operated an A-Plus convenience store and gas station ("A-Plus") in Philadelphia pursuant to a franchise agreement and a real estate lease with Appellant Atlantic Refining & Marketing Corporation ("Atlantic"). Under the franchise agreement and real estate lease (collectively "Agreement and Lease") signed by the parties, Barqawi took sole possession and control of the premises on April 1, 1992. The terms of the Agreement and Lease required Barqawi to indemnify and defend Atlantic from all personal injury lawsuits arising out of Barqawis operation of the store, unless the injury was caused solely by the negligence of Atlantic.