Opinion

Ortiz v. Ra-El Development Corp.

  • 365 Pa. Super. 48
  • 528 A.2d 1355
  • 1987 Pa. Super. LEXIS 8549
Court
Supreme Court of Pennsylvania
Filed
Jul 17, 1987
Status
Published
Author
Cavanaugh
On the bench
Cavanaugh, McEwen, Beck
Cited by
46 cases
Authority
More cited than 10.1%

holding corporation that contracted with independent contractor not liable to subcontractor's employee; plaintiff was unable to establish that peculiar risk or special danger caused injury

How later courts described this case

  • holding corporation that contracted with independent contractor not liable to subcontractor's employee; plaintiff was unable to establish that peculiar risk or special danger caused injury
  • stating, in dicta, that under the Heath facts, employer of independent contractor would be liable for peculiar risk posed by digging of sewer trench
  • risk of falling from 14 foot scaffold during construction work is ordinary risk not within sections 416/427
  • “All construction work involves some risk of harm; only where the work is done under unusually dangerous circumstances does it involve a ‘special danger’ or ‘peculiar risk.’ ”

Written by the judges who cited it.

The opinion

CAVANAUGH, Judge,

concurring:

I concur in the result reached by the majority. I respectfully disagree with what appears to be an artificial distinction among a variety of activities which may or may not be classified as constituting a special danger or peculiar risk. Nonetheless, I would not reach this issue for the reasons set forth in my concurring opinion in Colloi v. Philadelphia Electric Company, 332 Pa.Super. 284 , 481 A.2d 616 (1984). I remain convinced that §§ 416 and 427 of Restatement (Second) of Torts were intended to provide a basis of *57 recovery by third parties, not employees of independent contractors or subcontractors.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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