COLUMBIA GAS OF PA. v. CARL E. BAKER INC.


446 Pa.Super. 481 (1995)

667 A.2d 404

COLUMBIA GAS OF PENNSYLVANIA, INC., Appellant, v. CARL E. BAKER, INC., Elsie G. Favino, Executrix of the Estate of James F. Favino, Deceased, and C.S. Davidson, Inc., Appellees. Verna SMITH v. COLUMBIA GAS OF PENNSYLVANIA, INC. v. CARL E. BAKER, INC., Elsie G. Favino, Executrix of the Estate of James F. Favino, Deceased, and C.S. Davidson, Inc. Appeal of COLUMBIA GAS OF PENNSYLVANIA, INC. (Two Cases). Brian E. SMITH and Tracy N. Smith v. COLUMBIA GAS OF PENNSYLVANIA, INC. v. CARL E. BAKER, INC., Elsie G. Favino, Executrix of the Estate of James F. Favino, Deceased, and C.S. Davidson, Inc.

Superior Court of Pennsylvania.

Filed October 31, 1995.


Attorney(s) appearing for the Case

Robert J. Brown, York, for Columbia Gas of Pennsylvania, Inc.

Michael B. Scheib, York, for Carl E. Baker, Inc.

John B. Consevage, Harrisburg, for Elsie G. Favino.

Leo E. Gribbin, Jr., York, for C.S. Davidson, Inc.

Before POPOVICH, SAYLOR and BROSKY, JJ.


SAYLOR, Judge.

Does the twelve-year statute of repose, 42 Pa.C.S. § 5536, protect parties involved in the design and installation of sewer lines from liability to a gas company that alleges that excavation equipment used in installing the sewer lines struck and damaged its gas mains, leading to an explosion more than eighteen years later?

Appellant Columbia Gas ("Columbia") raises this issue in three consolidated appeals from the trial court's order of...

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