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MELSO v. SUN PIPE LINE CO.

394 Pa.Super. 578 (1990)

576 A.2d 999

Leonard MELSO and Lynn Melso, Husband and Wife, in Their Own Right and as Parents and Natural Guardians of Melissa Miles and Justin Melso, Appellants, v. SUN PIPE LINE COMPANY and Tri-State Telecommunications, Inc. and Davis Enterprises, Appellees, v. E.A. DESIGNS, LTD., Maple Shade Cable Company, Inc., Newtown Township, Newtown Cablevision, Inc. and Jan Gouza and Pickering, Corts & Summerson, Appellees and Additional Defendants. Leonard MELSO and Lynn Melso, Husband and Wife, in Their Own Right and as Parents and Natural Guardians of Melissa Miles and Justin Melso, Appellees, v. SUN PIPE LINE COMPANY and Tri-State Telecommunications, Inc. and Davis Enterprises, Appellees, v. E.A. DESIGNS, LTD., Pennsylvania One-Call System, Inc., Maple Shade Cable Company, Inc., Newtown Township, Newtown Cablevision, Inc. and Jan Gouza and Pickering, Corts & Summerson, Appellees. Appeal of SUN PIPE LINE COMPANY. Leonard MELSO and Lynn Melso, Husband and Wife, in Their Own Right and as Parents and Natural Guardians of Melissa Miles and Justin Melso, Appellants, v. SUN PIPE LINE COMPANY and Tri-State Telecommunications, Inc. and Davis Enterprises, Appellees, v. E.A. DESIGNS, LTD., Maple Shade Cable Company, Inc., Newtown Cablevision, Inc. and Jan Gouza and Pickering, Corts & Summerson, Appellees. Appeal of E.A. DESIGNS, LTD. Leonard MELSO and Lynn Melso, Husband and Wife, in Their Own Right and as Parents and Natural Guardians of Melissa Miles and Justin Melso, Appellants, v. SUN PIPE LINE COMPANY and Tri-State Telecommunications, Inc. and Davis Enterprises, Appellees, v. E.A. DESIGNS, LTD., Maple Shade Cable Company, Inc., Newtown Township, Newtown Cablevision, Inc. and Jan Gouza and Pickering, Corts & Summerson, Appellees. (Two Cases) Appeal of DAVIS ENTERPRISES, Maple Shade Cable Company, Inc. and Newtown Cablevision, Inc. Appeal of Jan GOUZA and Pickering, Corts & Summerson.

Supreme Court of Pennsylvania.

Filed June 8, 1990.

Attorney(s) appearing for the Case

Howard J. Creskoff, Philadelphia, for appellants (at 1058) and appellees (at 1139, 1160, 1118 and 1161).

Patricia M. Starner, Philadelphia, for appellants (at 1058). Bruce J. Chasan, Philadelphia, for Sun Pipe Line, appellant (at 1139) and appellee (at 1058, 1160, 1118 and 1161). Gary Gremminger, Philadelphia, for Gouza and Pickering, Corts & Summerson, appellants (at 1161) and appellees (at 1058, 1139, 1160 and 1118).

Donald E. Wieand, Jr., Allentown, for Maple Shade Cable Co., appellant (at 1118) and appellee (at 1058 and 1139 and 1160).

Colleen M. Meehan, Philadelphia, amicus curiae (at 1058).

Arnold S. Block, Philadelphia, amicus curiae (at 1058).

Before CAVANAUGH, MONTEMURO and POPOVICH, JJ.

CAVANAUGH, Judge:

This complex litigation is based on an accident involving a petroleum pipeline running through Bucks County, Pennsylvania. On November 12, 1982, underground cables were being installed and workmen for the television cable company struck a fourteen inch pipe carrying petroleum which broke and as a result, some 50,000 gallons of unleaded gasoline flowed into the surrounding soil. The plaintiffs

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