Wednesday, May 2, 2012

Commercial Tort Decision by Judge Nealon of Lackawanna County

In the case of Eastern Roofing Systems, Inc. v. Cestone, No. 2008-Civil-8764 (C.P. Lacka. April 13, 2012 Nealon, J.), Judge Terrence R. Nealon addressed issues raised in a commercial tort matter.

In this case, a roofing contractor filed two lawsuits against a local businessman, his residential construction firm, and an industrial building construction company, asserting contract, quasi-contract, statutory, and tort claims against them for unpaid invoices related to work the Plaintiff performed on eight construction projects.

This matter came before the Court on the Defendant’s Preliminary Objections demurring to the contractor’s claims for promissory estoppel, fraud, and negligent misrepresentation as well as with respect to the individual businessman’s personal liability in the suit involving the commercial construction company.

This Opinion is significant in that the Court held that the negligent misrepresentation claims were barred by the “Economic Loss Doctrine,” but that the corporate officer of a company involved could be potentially personally liable in tort based upon the “participation theory” in commercial litigation.

If this sounds like a case that may help you in your practice, a copy of the Judge Nealon’s Opinion in this case of Eastern Roofing Systems, Inc. v. Cestone can be viewed here.

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