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GERALD WILLIAMS v. WEST PENN POWER COMPANY (11/10/83)

decided: November 10, 1983.

GERALD WILLIAMS, DANIEL BANKS AND LINDA BANKS, HIS WIFE
v.
WEST PENN POWER COMPANY, A CORPORATION, REIMANN AND GEORGER, INC., A CORPORATION, COMMERCIAL SERVICES COMPANY, A CORPORATION, SLOVENIAN HALL ASSOCIATION OF BROUGHTON, PENNSYLVANIA AND JOHN J. BAHR, ALFRED J. BAHR AND NEIL R. BAHR, INDIVIDUALLY AND TRADING AND DOING BUSINESS AS BAHR BROTHERS, V. JERRY LEE MILBEE, INDIVIDUALLY AND B & M ROOFING CONTRACTORS, A PARTNERSHIP, AND DANIEL BANKS. APPEAL OF GERALD WILLIAMS, DANIEL BANKS AND LINDA BANKS, HIS WIFE. GERALD WILLIAMS, DANIEL BANKS AND LINDA BANKS, HIS WIFE, V. WEST PENN POWER COMPANY, A CORPORATION, REIMANN AND GEORGER, INC., A CORPORATION, COMMERCIAL SERVICES COMPANY, A CORPORATION, SLOVENIAN HALL ASSOCIATION OF BROUGHTON, PENNSYLVANIA AND JOHN J. BAHR, ALFRED J. BAHR AND NEIL R. BAHR, INDIVIDUALLY AND TRADING AND DOING BUSINESS AS BAHR BROTHERS, V. JERRY LEE MILBEE, INDIVIDUALLY AND B & M ROOFING CONTRACTORS, A PARTNERSHIP, AND DANIEL BANKS. APPEAL OF REIMANN AND GEORGER, INC., A CORPORATION



No. 51 W.D. Appeal Docket 1983, Appeal from the Order of the Superior Court Dated April 22, 1983, entered at 1121 Pittsburgh 1980, affirming in part & reversing in part the Order of the Court of Common Pleas of Allegheny County, Civil Division, dated November 3, 1980, entered at No. GD 77-11257. No. 52 W.D. Appeal Docket 1983, Appeal from the Order of the Superior Court Dated April 22, 1983, entered at 1121 Pittsburgh 1980, affirming in part & reversing in part the Order of the Court of Common Pleas of Allegheny County, Civil Division, dated November 3, 1980, entered at No. GD 77-11257

COUNSEL

Daniel B. Winters, Pittsburgh, for John J. Bahr, Alfred J. Bahr and Neil R. Bahr, etc.

David R. Johnson, John D. Rhodes, Pittsburgh, for Reimann & Georger, Inc.

Edward C. Milburn, Pittsburgh, for Jerry Lee Milbee, etc.

Robert Rade Stone, Pittsburgh, for Gerald Williams, Daniel Banks and Linda Banks.

W. Arch Irvin, Jr., Pittsburgh, for Slovenian Hall Ass'n.

George M. Weis, Pittsburgh, for West Penn Power Co.

Roberts, C.j., and Nix, Larsen, Flaherty, McDermott, Hutchinson and Zappala, JJ. Larsen, J., concurs in the result.

Author: Nix

[ 502 Pa. Page 559]

OPINION

These appeals question whether the statute of limitations for tort actions, 42 Pa.C.S.A. ยง 5524(2),*fn1 or the Uniform Commercial Code ("Code"),*fn2 section 2-725*fn3 is applicable in

[ 502 Pa. Page 560]

    suits brought under the Code that allege personal injury. We are not here reexamining the general question of the substantive right of a third party to sue under the Code for breach of warranty. Salvador v. Atlantic Steel Boiler Co., (" Salvador I ") 457 Pa. 24, 319 A.2d 903 (1974) disposed of that issue.

What is being urged is that either based upon a concept of privity or a theory of the nature of the claim, the breach of warranty provisions under the Code should be controlled by the tort statute of limitations.

The Court of Common Pleas granted a motion for summary judgment based on the view that all of the claims were barred under the two-year tort statute of limitations. The Superior Court affirmed in part and reversed in part, ruling that the Banks' action against Commercial Services Company was governed by section 2-725 of the Code. Williams v. West Penn Power Co., Pa. Super. , 460 A.2d 278 (1983).*fn4

I.

Gerald Williams was an employee of B & M Roofing Contractors ("B & M"), a ...


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