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MARY E. FETTERHOFF v. MARY S. FETTERHOFF AND INCLINATOR CO. AMERICA V. POLYCLINIC MEDICAL CENTER (05/20/86)

submitted: May 20, 1986.

MARY E. FETTERHOFF, APPELLANT,
v.
MARY S. FETTERHOFF AND INCLINATOR CO. OF AMERICA V. POLYCLINIC MEDICAL CENTER



Appeal from the Order in the Court of Common Pleas of Dauphin County, Civil Division, No. 2462 S 1984

COUNSEL

Richard L. Kearns, Harrisburg, for appellant.

Thomas J. Williams, III, Carlisle, for Fetterhoff, appellee.

Steven D. Snyder, Harrisburg, for inclinator, appellee.

Charles W. Craven, Philadelphia, for Polyclinic, appellee.

Cirillo, President Judge, and Tamilia and Hester, JJ.

Author: Tamilia

[ 354 Pa. Super. Page 439]

This is an appeal from the August 4, 1985 Order entered by the Court of Common Pleas of Dauphin County granting

[ 354 Pa. Super. Page 440]

    summary judgment in favor of defendant/appellee, Inclinator Company of America. Plaintiff/appellant filed suit against appellee after sustaining injuries when she fell into an elevator shaft at her family home on October 16, 1982. Appellant's case against appellee was premised on theories of negligence and strict liability. Appellee was the designer, manufacturer and installer of the elevator which was placed in the home during July of 1952.

Appellee filed a motion for summary judgment based upon 42 Pa.C.S.A. § 5536 which provides for a twelve-year statute of repose. The lower court denied the motion but subsequently granted appellee's petition for reconsideration. A hearing was held and appellee's motion for summary judgment was granted. This appeal followed.

Appellant now contends that a designer-manufacturer-installer, who maintains an improvement to real property and performs repair work thereon throughout the life of the improvement, does not fall within the scope of 42 Pa.C.S.A. § 5536(a). Appellant argues that since appellee was periodically called upon to maintain and ...


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