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PENNOCK v. LENZI

882 A.2d 1057 (2005)

Russell PENNOCK and Antoinette Pennock, in their individual capacities and on behalf of the Estate of Daniel Pennock, Appellants v. Richard V. LENZI and Carmine D. Lenzi, in their individual capacities and dba Ridge Crest Farms, Melvin C. Gelsinger, Gale Gelsinger, Esther Gelsinger, Clarence D. Gelsinger, Rettew Associates, Inc., Berks County Conservation District and the Commonwealth of Pennsylvania Department of Environmental Protection.

Commonwealth Court of Pennsylvania.

Decided September 15, 2005.

Attorney(s) appearing for the Case

Daniel E. Brannen, Jr., Santa Fe, NM, for appellants.

David E. Turner, Wyomissing, for appellees, Richard V. and Carmine D. Lenzi.

James K. Thomas, Harrisburg, for appellees, Melvin C., Gale, Esther and Clarence D. Gelsinger.

Anthony S. Potter, Harrisburg, for appellee, Rettew Associates, Inc.

Alan S. Miller, Reading, for appellee, Berks County Conservation District.

BEFORE: COLINS, President Judge, McGINLEY, Judge, SMITH-RIBNER, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, COHN JUBELIRER, Judge, and LEAVITT, Judge.

OPINION BY Judge LEADBETTER.

Russell and Antoinette Pennock, in their individual capacities and on behalf of the estate of Daniel Pennock, appeal the order of the Court of Common Pleas of Dauphin County (common pleas) dismissing their complaint with prejudice on the basis that plaintiffs' wrongful death and survival actions are barred by the two year statute of limitations imposed by 42 Pa.C.S. § 5524(2). We affirm.

Plaintiffs' teenage son, Daniel, died...

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