# Ortiz v. Ra-El Development Corp.

> Supreme Court of Pennsylvania · July 17, 1987 · 365 Pa. Super. 48

URL: https://www.frixlaw.com/law-library/cases/9746347

## Case

- **Full name:** Angelo ORTIZ and Illuminada Ortiz, Appellants, v. RA-EL DEVELOPMENT CORP. and Arnko Builders, Inc., Appellees; Angelo ORTIZ and Illuminada Ortiz v. RA-EL DEVELOPMENT CORP. and Arnko Builders, Inc. Appeal of ARNKO BUILDERS, INC.
- **Court:** Supreme Court of Pennsylvania
- **Decided:** July 17, 1987
- **Citations:** 365 Pa. Super. 48; 528 A.2d 1355; 1987 Pa. Super. LEXIS 8549
- **Precedential status:** Published
- **Opinion:** Concurrence by Cavanaugh
- **Judges:** Cavanaugh, McEwen, Beck
- **Cited by:** 46 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9746347

## How later opinions describe it (automated extraction)

- 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
- stating rationale for "special danger" or "peculiar risk" doe-trine

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9746347. Public record. Not legal advice.