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POCONO INTERN. RACEWAY v. POCONO PRODUCE

503 Pa. 80 (1983)

468 A.2d 468

POCONO INTERNATIONAL RACEWAY, INC., Appellee and Plaintiff, v. POCONO PRODUCE, INC., Appellant and Defendant, and United States Fidelity and Guaranty Company, Defendant.

Supreme Court of Pennsylvania.

Decided December 12, 1983.

Attorney(s) appearing for the Case

B.L. Hollenbach, Matthew Sorrentino, Bethlehem, for appellant and defendant.

John B. Dunn, Timothy J. Holland, Scranton, for appellee and plaintiff.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

At issue is the applicability of what has come to be known as the "discovery rule" to the running of a two-year statute of limitations in this case involving ascertainable injury to a tunnel owned by Pocono International Raceway, Inc. (Raceway). The Raceway instituted a civil action in trespass against Pocono Produce, Inc. (Pocono Produce) on June 27, 1980, seeking to recover for damages allegedly resulting from the...

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