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BROWN v. CITY OF OIL CITY

No. 6 WAP 2022.

294 A.3d 413 (2023)

David L. BROWN, Individually and as Executor of the Estate of Kathryn A. Brown, Deceased v. CITY OF OIL CITY v. Fred L. Burns, Inc. v. Scott Amsdell, Individually, and Macon, Inc., and Harold Best, Individually, and Struxures, LLC Appeal of: Harold Best, Individually, Struxures, LLC, and Fred L. Burns, Inc.

Supreme Court of Pennsylvania.

Decided: May 16, 2023.

Attorney(s) appearing for the Case

Eric Scott Pasternack, Esq. , for Amicus Curiae Pennsylvania Association for Justice.

Matthew Daniel Vodzak, Esq. , Fowler Hirtzel McNulty & Spaulding, LLP for Amicus Curiae Philadelphia Association of Defense Counsel.

Megan Justine Block, Esq. , ZOLL Medical Corporation, Daniel Paul Carroll Jr., Esq. , Alyson J. Kirleis, Esq. , Davies, McFarland & Carroll, P.C, for Appellants Best, Harold, Struxures, LLC.

Christopher T. Lee, Esq. , Benjamin J. Martin, Esq. , Dickie, McCamey & Chilcote, P.C. for Appellant Fred L. Burns, Inc.

James Graham Bordas III, Esq. , Bordas & Bordas, PLLC, for Appellee Brown, David L., Estate of Kathryn A. Brown, Deceased.

Michael Lawrence Morgan, Esq. , for Appellee City of Oil City.

TODD, C.J., DONOHUE, DOUGHERTY, WECHT, MUNDY, BROBSON, JJ.

OPINION

In this appeal, our Court is asked to determine whether Section 385 of the Restatement (Second) of Torts imposes liability on a contractor to a third party whenever the contractor, during the course of his work for a possessor of land, creates a dangerous condition on the land that injures...

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