Appeal from the Order of the Court of Common Pleas of Allegheny County, in case of Kenneth J. Gratkie, et al., v. Air Wisconsin, Inc., a corporation, et al., No. GD 82-9341.
Louis M. Tarasi, Jr., with him, Sandy W. Scichilone, Tarasi, Tighe, Tierney & Johnson, P.C., for appellant.
Samuel P. Kamin, Assistant County Solicitor, with him, James J. Dodaro, County Solicitor, Allegheny County Law Department, for appellees.
Judges MacPhail and Doyle, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge MacPhail.
[ 107 Pa. Commw. Page 462]
Appellants, a group of landowners near the Greater Pittsburgh International Airport, appeal an order of the
[ 107 Pa. Commw. Page 463]
Allegheny County Court of Common Pleas which dismissed Appellants' complaint as to Allegheny County (County). We affirm.
Appellants filed suit against the County and some twelve airlines. The pertinent portion of Appellants' complaint dealing with the County reads as follows:
15. At the times hereinafter complained of the Defendant Allegheny County was the owner and operator of the Greater Pittsburgh International Airport which is situate in the Townships of Moon and Findley, Allegheny County, Pennsylvania and the other various and sundry Defendants were tenants and/or users of the Greater Pittsburgh International Airport.
16. On and after April 18, 1980, the Defendants, through their conduct and/or misconduct, jointly and/or severally, so willfully, wantonly, recklessly, and negligently and/or negligently, established flight patterns and/or flew over or near or about the homes of the Plaintiffs herein through their agents, servants, workmen or employees of the Defendants, jointly and/or severally, then and there engaged in the course of the Defendants' businesses and within the scope of their agency and/or employment as to cause the hereinafter stated injuries and damages.
17. The negligent, willful, wanton and reckless misconduct and/or conduct of the Defendants, jointly and/or severally, herein complained of, commencing on April 18, 1980, and continuing to the present time, which is the direct and proximate cause of the injuries and damages suffered and sustained by the Plaintiffs, as herein set forth is the result of the conduct and/or misconduct of the Defendants generally and in the following particulars:
[ 107 Pa. Commw. Page 464]
(a) In negligently and/or intentionally establishing and flying flight patterns over, above and near the homes of the Plaintiffs, when the Defendants knew or should reasonably have known that to do so would cause serious injury and damages to the lives, health, well-being and properties of the Plaintiffs.
(b) In negligently and/or intentionally flying aircraft over, above and near the homes of the Plaintiffs when the Defendants knew or should reasonably have known that to do so would be injurious and damaging to the ...