Gresik v. PA Partners, LP

The issue at the heart of this appeal involved whether the superior court interpreted and applied section 385 of the Second Restatement of Torts, which relates to the liability of a contractor or employee who creates a dangerous condition on land on behalf of the land's possessor. Appellee PA Partners, LP sold its steel plant to First Mississippi Steel, Inc. (FMS) in a "turn-key" transaction. FMS employees were operating one of the furnaces when a burn-through and series of steam explosions occurred. During the incident, hot steel fragments and parts of the plant structure fell onto the pouring platform and struck them. One employee was fatally injured and the other survived with scarring and disfigurement. Paula Livingston Gresik (the decedent's widow) and Joseph Beltowski (the injured employee) and his wife sued multiple parties, including PA Partners for damages arising out of the accident. Several years of litigation ensued and the court of common pleas dismissed some of the claims on preliminary objections. Eventually PA Partners remained as the only defendant in the suit. After further pleadings and discovery, the court granted PA Partners' motion for summary judgment on the sole remaining cause of action. The employees appealed to the superior court, maintaining that the court of common pleas failed to recognize that PA Partners could be held liable under a theory of negligent construction described in Section 385 of the Second Restatement of Torts. Upon review, the Supreme Court found that Section 385 did not provide a basis to hold PA Partners liable for damages ensuing from the accident. Accordingly, the Court held that the employees did not demonstrate that the court of common pleas erred in sustaining PA Partners' demurrer. View "Gresik v. PA Partners, LP" on Justia Law