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GONZALEZ v. UNITED STATES STEEL CORP.

484 Pa. 277 (1979)

398 A.2d 1378

Evelyn GONZALEZ, Administratrix of the Estate of Candido Gonzalez, Deceased, Appellant, at No. 239, v. UNITED STATES STEEL CORPORATION, a corporation, Appellant at No. 241, v. EDWARD GRAY CORPORATION. Vincent CARDILLO, Appellant at No. 240, v. UNITED STATES STEEL CORPORATION, a corporation, Appellant at No. 242, v. EDWARD GRAY CORPORATION.

Supreme Court of Pennsylvania.

Decided March 16, 1979.

Attorney(s) appearing for the Case

Richard D. Gilardi, Gilardi & Cooper, Pittsburgh, for appellant at Nos. 239 & 240 and appellees at Nos. 241 & 242.

Paul A. Manion, Reed, Smith, Shaw & McClay, Pittsburgh, for appellees at Nos. 239 & 240 and appellant at Nos. 241 & 242.

Before EAGEN, C.J., and O'BRIEN, ROBERTS, POMEROY, NIX, and MANDERINO, JJ.

OPINION OF THE COURT

ROBERTS, Justice.

Cases involving less than two of the exceptions to the general rule that "the employer of an independent contractor is not liable for physical harm caused to another by an act or omission of the contractor or his servants," Restatement (Second) of Torts § 409 (1965), are, in the words of Dean Prosser, "comparatively rare."1 By Dean Prosser's...

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