Friday, September 2, 2022

Defendant Township Found Not to Be a Joint Tortfeasor With Co-Defendant Given Township's Immunity from Suit

In the case of Owens v. Huffman, No. 10612 of 2021, C.A. (C.P. Lawr. Co. July 8, 2022 Motto, P.J.), the court ruled that a Defendant Township was not a joint tortfeasor with its Co-Defendants in this lawsuit involving alleged property damages related to septic system issues.

The Court ruled that the Township was not a joint tortfeasor with the Co-Defendants due to the Township’s standing as a governmental agency and concomitant immunity.

As such, the court ruled that the Co-Defendants could not recover on or pursue a claim of indemnity or contribution from the Township. In light of this ruling, the courts sustained a Defendant Townships Preliminary Objections in this case involving damages claims arising out of issues with a septic system on the property involved.

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Aug. 30, 2022).

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