LOBIANCO v. PROPERTY PROTECTION, INC.


292 Pa.Super. 346 (1981)

437 A.2d 417

Betty LOBIANCO, Appellant v. PROPERTY PROTECTION, INC.

Superior Court of Pennsylvania.

Filed November 20, 1981.


Attorney(s) appearing for the Case

Robert J. Brown, York, for appellant.

Michael J. Brillhart, York, for appellee.

Before CERCONE, President Judge, and PRICE, SPAETH, HESTER, CAVANAUGH, BROSKY and MONTGOMERY, JJ.


SPAETH, Judge:

Appellant seeks to recover $35,815 as the value of jewelry stolen from her home when a burglar alarm system installed by appellee failed to work. The action is in two counts. The first count is in assumpsit for breach of warranty. The second count is in trespass and alleges strict liability under the Restatement (Second) of Torts § 402A. The lower court heard the case without a jury. On the first count the court held that by the terms of the contract...

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