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BEIL v. TELESIS CONST., INC.

No. 13 EAP 2009

11 A.3d 456 (2011)

David & Cheryl BEIL, Appellants v. TELESIS CONSTRUCTION, INC., Lafayette College, Irwin and Leighton, Inc. and Masonry Preservation Services, Inc., Appellees.

Supreme Court of Pennsylvania.

Decided January 19, 2011.

Attorney(s) appearing for the Case

John Thomas Dooley , Lansdale, William Joseph Coppol , Howard Jonathan Bashman , Willow Grove, for David and Cheryl Beil.

Arthur L. Bugay , Galfand Berger , L.L.P., Philadelphia, for Appellant Amicus Curiae, Pennsylvania Association of Justice.

Jonathan Dryer , Wilson, Elser, Moskowitz, Edelman & Dicker, L.L.P., Teresa Ficken Sachs , Post & Schell, P.C., Philadelphia, for Lafayette College.

Robert M. Ruzzi , Law Offices of J. Mark Pecci, II , for Masonry Preservation Services.

Thomas L. Delevie , Palmer & Barr, P.C., Willow Grove, for Telesis Construction, Inc. and Irwin and Leighton, Inc.

Louis C. Long , Pietragallo, Gordon, Alfano, Bosick & Raspanti, L.L.P., Pittsburgh, for Appellee Amicus Curiae, Pennsylvania Defense Institute.

CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ.

OPINION

Justice TODD.

In this appeal by allowance, we consider the "retained control" exception to the general rule that a property owner who employs an independent contractor is not liable for injuries to the employees of the independent contractor or its subcontractor. For the reasons set forth below, we affirm the order of the Superior Court, which remanded for entry of judgment notwithstanding the verdict in favor of Lafayette College ("College...

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