Cohen v. General Electric Co.

26 Pa. D. & C.3d 18, 1982 Pa. Dist. & Cnty. Dec. LEXIS 177
CourtPennsylvania Court of Common Pleas, Lancaster County
DecidedDecember 30, 1982
Docketno. 275
StatusPublished

This text of 26 Pa. D. & C.3d 18 (Cohen v. General Electric Co.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lancaster County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cohen v. General Electric Co., 26 Pa. D. & C.3d 18, 1982 Pa. Dist. & Cnty. Dec. LEXIS 177 (Pa. Super. Ct. 1982).

Opinion

MUELLER, J.,

Between May and December of 1978 Leon R. Cohen and Frances H. Cohen (hereinafter referred to as plaintiffs) had four townhouses constructed by Hess Home Builders, Inc. Hess subcontracted with Kirchoff, Inc., for the installation of four heat pumps manufactured by the General Electric Company. Plaintiffs relied on the General Electric Company’s literature in selecting General Electric heat pumps. General Electric advertised that with heat pumps one would have substantial savings over conventional heating systems.

Plaintiffs began to lease the townhouses in December of 1978. They became aware that the heat pumps were not operating properly when the heating bills received in January of 1979 were extremely high.

On September 28, 1982, plaintiffs brought suit against the contractor, Hess Home Builders, Inc., the subcontractor, Kirchoff, Inc., and the manufacturer of the heat pumps, General Electric Company. On November 4,1982, General Electric Company (hereinafter referred to as defendant) filed its answer to plaintiffs’ complaint and new matter raising inter alia, the defense of the statute of limitations. On November 18, 1982, defendant filed a motion for summary judgment based on the statute of limitations defense. Briefs have been filed, and defendant’s motion for summary judgment is now before the court.

[20]*20Summary judgment may be granted only if the record reveals no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law: Pa.R.C.P. 1035(b); Scheetz v. Borough of Lansdale, 64 Pa. Commw. 24, 438 A. 2d 1048 (1982). Since the issue before the court is extremely narrow, limited solely to the question of which statute of limitations applies, a motion for summary judgment is appropriate. If the two-year statute of limitations applies, then plaintiffs’ claim against defendant is barred. If any period of four years or longer applies, the complaint has been timely filed.

Defendant asserts the applicable statute of limitations is two years, relying on 42 Pa.C.S.A. §5524, which states:

§ 5524. Two-year limitation
The following actions and proceedings must be commenced within two years: (1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process.
(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.
(3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof.
(4) An action for waste or trespass of real property.
(5) An action upon a statute for a civil penalty or forfeiture where the action is given to a government unit.
(6) An action against any officer of any government unit for the nonpayment of money or the non[21]*21delivery of property collected upon on execution or otherwise in his possession.

Defendant points out that when the Judiciary Act Repealer Act1 was passed, there was an attempt to bring uniformity to the different statutes of limitations . Contract actions, not founded upon a writing, and those governed by the Uniform Commercial Code are controlled by 42 Pa.C.S.A. §5525, which states:

§5525. Four-year limitation
The following actions and proceedings must be commenced within four years:
(1) An action upon a contract, under seal or otherwise, for the sale, construction or furnishing of tangible personal property or fixtures.
(2) Any action subject to 13 Pa.C.S.A. §2725 (relating to statute of limitations in contracts for sale).
(3) An action upon an express contract not founded upon an instrument in writing.
(4) An action upon a contract implied in law, except an action subject to another limitation specified in this subchapter.

Other contract actions based on a bond, note or other written instrument must be commenced within six years as required by 42 Pa.C. S. A § 5527.

§5527. Six-year limitation

The following actions and proceedings must be commenced within six years:

(1) An action upon a judgment or decree of any court of the United States or of any state.
(2) An action upon a contract, obligation or liability founded upon a bond, note or other instru[22]*22ment in writing, except an action subject to another limitation specified in this subchapter. Where an instrument is payable upon demand, the time within which an action or proceeding on it must be commenced shall be computed from the later of either demand or any payment of principal or of interest on the instrument.
(3) An action upon any official bond.
(4) A proceeding in inverse condemnation . . .
(5) An action to set aside a judicial sale of property.
(6) Any civil action or proceeding which is neither subject to another limitation specified in this subchapter nor excluded from the application of a period of limitation by section 5531 (relating to no limitation).

Tort actions are governed by Section 5524, set forth previously in this opinion, with the exceptions of libel, slander, and invasion of privacy which are governed by 42 Pa.C.S.A. §5523. Plaintiffs in this action have sued in tort for monetary loss sustained as a result of defendant’s negligence. In other words, plaintiffs aver defendant’s negligence caused plaintiffs to incur extra expense associated with their use of the heat pumps manufactured by defendant. This suit in the court’s analysis fits under Section 5524(3), “An action for taking, detaining or injuring personal property . . . .” (Emphasis added.) The injury is the extra expenditure of funds required to make the heat pumps function as efficiently as expected and advertised. Defendant’s position is supported by Matlack, Inc. v. Butler Manufacturing Co., 253 F. Supp. 972 (E.D. Pa. 1966), where the injury was the expenditure of money to repair, modify, replace, and improve engines and equipment damaged by the malfunctioning of the engines. The court found that claims [23]*23based on negligence in installing the engines were governed by Pennsylvania’s four-year statute of limitations, 12 P.S. §31 (now repealed). With the revisions provided by JARA, those actions once covered by 12 P.S. §31 are now governed by 42 Pa.C.S.A. §5524. The official source note following Section 5524 states that paragraphs (1), (3) and (4) of that section are derived from Section 31. The court finds defendant’s position persuasive.

Plaintiffs contend the correct statute of limitations to be applied is found in 42 Pa.C.S.A. §5536, which states:

§5536. Construction projects
(a) General rule.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mitchell v. United Elevator Co., Inc.
434 A.2d 1243 (Superior Court of Pennsylvania, 1981)
Matlack, Inc. v. Butler Manufacturing Company
253 F. Supp. 972 (E.D. Pennsylvania, 1966)
Misitis v. Steel City Piping Co.
272 A.2d 883 (Supreme Court of Pennsylvania, 1971)
Scheetz v. Borough of Lansdale
438 A.2d 1048 (Commonwealth Court of Pennsylvania, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
26 Pa. D. & C.3d 18, 1982 Pa. Dist. & Cnty. Dec. LEXIS 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-general-electric-co-pactcompllancas-1982.