The opinion
IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
DAVID L. BROWN, INDIVIDUALLY AND : No. 292 WAL 2021
AS EXECUTOR OF THE ESTATE OF :
KATHRYN A. BROWN, DECEASED, :
: Petition for Allowance of Appeal from
v. : the Order of the Commonwealth
CITY OF OIL CITY : Court
:
:
v. :
:
:
FRED L. BURNS, INC. :
:
v. :
:
SCOTT AMSDELL, INDIVIDUALLY, AND :
MACON, INC., AND HAROLD BEST, :
INDIVIDUALLY, AND STRUXURES, LLC :
:
:
PETITION OF: HAROLD BEST, :
INDIVIDUALLY, STRUXURES, LLC, AND :
FRED L. BURNS, INC. :
:
ORDER
PER CURIAM
AND NOW, this 22nd day of February, 2022, the Petition for Allowance of Appeal
is GRANTED. The issue, as stated by petitioner, is:
(1) Whether an out-of-possession contractor cannot be subject to liability under
Section 385 of the Restatement of Torts for injuries to third-parties where
the dangerous condition of the structure erected by the contractor is well-
known to the possessor of land?
Justice Brobson did not participate in the consideration or decision of this matter.