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REM COAL CO., INC. v. CLARK EQUIP. CO.

386 Pa.Super. 401 (1989)

563 A.2d 128

REM COAL COMPANY, INC. v. CLARK EQUIPMENT COMPANY, t/d/b/a Michigan Loaders, and Anderson Equipment Company, a Pennsylvania Corporation, Appellant, v. APEX, INC. and Bridgeville Industrial Supply, Appellee.

Supreme Court of Pennsylvania.

Filed August 2, 1989.

Attorney(s) appearing for the Case

Arthur R. Gorr, Pittsburgh, for appellant.

Dennis A. Watson, Pittsburgh, for REM Coal, appellee.

Before CIRILLO, President Judge, and CAVANAUGH, BROSKY, McEWEN, OLSZEWSKI, BECK, TAMILIA, POPOVICH and JOHNSON, JJ.

BECK, Judge:

This case presents the question of whether purely economic losses are recoverable in a product liability action between commercial enterprises and sounding in negligence and/or strict liability. We hold that they are not.

The relevant facts are not in dispute. Appellee REM Coal Company owned a front-end loader used in its strip mining business. On February 25, 1982 the loader caught fire and was severely damaged. REM instituted this action against...

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