finding that installer of defective sewage line could specially foresee subsequent transfer of property, and that new owners would be unaware of defects
How later courts described this case
- finding that installer of defective sewage line could specially foresee subsequent transfer of property, and that new owners would be unaware of defects
- drawing on § 531 but noting that it might not be adopted in all possible circumstances
- reliance by subsequent purchasers of a home on fraudulent concealment by installer of defective sewer system was specially foreseeable because “estates in land are transferred freely and regularly” and the installer “would have had special reason to foresee that any subsequent purchaser would be unaware of the material latent defect [the installer] allegedly concealed.”
- Noting that our Supreme Court has previously held that “a contractor may be held liable for damages caused by [negligent construction work] despite the absence of privity between the contractor and the homeowner.”
Written by the judges who cited it.
The opinion
OLSZEWSKI, Judge,
concurring:
I concur in the result of this case. I believe that the matter of whether or not Gillespie v. Hunt, 276 Pa. 119 , 119 A. 815 (1923), should be overruled is a matter for our Supreme Court and not this Court as an intermediate appellate court.