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LEACH v. PHILADELPHIA SAVING FUND SOCIETY ET AL. (06/24/75)

decided: June 24, 1975.

LEACH, APPELLANT,
v.
PHILADELPHIA SAVING FUND SOCIETY ET AL.



Appeal from judgment of Court of Common Pleas, Trial Division, of Philadelphia, Feb. T., 1969, No. 655, in case of Omega Leach v. Philadelphia Savings Fund Society, [the correct corporate name being Philadelphia Saving Fund Society] Haverstick-Borthwick Co., McIntire, Magee & Brown and Bausch & Lomb, Inc., and A.L.K. Corp., and Leonard Shaffer Associates, Additional Defendants.

COUNSEL

S. Allen Needleman, with him Joel D. Caney, Barry L. Kratzer, and Needleman, Needleman, Tabb & Eisman, for appellant.

Leonard C. Homer, with him John J. Tinaglia, and Ballard, Spahr, Andrews & Ingersoll, for appellee, The Philadelphia Saving Fund Society.

C. M. Leibson, for amicus curiae.

Watkins, P. J., Jacobs, Cercone, Price, Van der Voort, and Spaeth, JJ. (Hoffman, J., absent). Opinion by Jacobs, J. Van der Voort, J., dissents. Hoffman, J., did not participate in the consideration or decision of this case.

Author: Jacobs

[ 234 Pa. Super. Page 488]

This is an appeal by plaintiff Omega Leach from a summary judgment entered in favor of appellee, Philadelphia Saving Fund Society.

The instant litigation arose from an incident which occurred on April 26, 1967, when the appellant was under the employ of Leonard Shaffer Associates, then engaged under contract in the remodeling of premises located at 1812-14 Chestnut Street in Philadelphia. While the appellant was working on the premises, a plaster and wire

[ 234 Pa. Super. Page 489]

    ceiling which had been installed some 26 years earlier suddenly fell, causing severe injuries to the appellant. The appellant instituted suit against Haverstick-Borthwick Co., which had designed and installed the ceiling in 1941; the appellee, Philadelphia Saving Fund Society [hereinafter P.S.F.S.], which was the record owner of the premises between 1936 and 1946 and which had engaged Haverstick-Borthwick to install the ceiling; McIntire, Magee & Brown, the owner of the premises between 1946 and 1950; and against Bausch & Lomb, Inc., the record title holder of the premises from 1950 through the date of the accident. A.L.K. Corporation, the lessee in possession of the premises on the date of the accident, and Leonard Shaffer Associates, the employer of the appellant, were joined as additional defendants.

The case is before us in a limited posture. The appellee, P.S.F.S., filed a motion for summary judgment*fn1 contending that as a matter of law under the Act of December 22, 1965,*fn2 no cause of action against it existed. The motion was granted and this appeal followed.

The statute upon which the appellee relies, which is similar to legislation recently enacted in over 30 jurisdictions, is designed to limit the time during which an action may be brought against persons responsible for ...


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