Appeal from the Order of the Court of Common Pleas of Montgomery County in case of Kenneth Lee Keeler v. Pennsylvania Department of Transportation, Richardson Gordon and Associates and James D. Morrisey, Inc., No. 79-1690.
Gerald J. Haas, for appellant.
Ellen Q. Suria, with her Jay J. Lambert, Duane, Morris & Heckscher, for appellee, Richardson Gordon and Associates.
Dudley Hughes, Detweiler, Hughes & Kokonos, for appellee, James D. Morrisey, Inc.
Judges Blatt, Craig and Williams, Jr., sitting as a panel of three. Opinion by Judge Blatt.
[ 56 Pa. Commw. Page 237]
The appellant, Kenneth Keeler, appeals from an order of the Court of Common Pleas of Montgomery County which dismissed his suit in trespass against two of the three defendants named therein.
The appellant alleged below that he sustained personal injuries and property damage on November 11, 1975, in a motor vehicle accident on State Highway Route 309 in Montgomery County as a result of the negligent design and construction of the highway's guardrails, lights, signs and directional signals. He instituted suit on November 3, 1977, against the Commonwealth of Pennsylvania, Department of Transportation; Richardson, Gordon and Associates (Richardson) which was the consulting engineer for the road construction; and James D. Morrisey, Inc. (Morrisey), the construction contractor for the highway.
Richardson and Morrisey moved for a summary judgment contending that, because the highway in question had been completed on October 29, 1958, the action was barred against them because of the time
[ 56 Pa. Commw. Page 238]
limitations of Section 1 of the Act of December 22, 1965, P.L. 1183 (Act), formerly 12 P.S. § 65.1, repealed by the Act of April 28, 1978, P.L. 202 (a similar provision now being found in Section 5536 of the Judicial Code, 42 Pa. C.S. § 5536). The Act establishes a 12-year statute of limitation for certain disputes arising out of improvements to real property and states in pertinent part:
No action (including arbitration proceedings) whether in contract, in tort or otherwise, to recover damages:
(1) For any deficiency in the design, planning, supervision or observation of construction or construction of an ...