Professional Flooring Co. v. Bushar Corp.

152 A.3d 292, 2016 Pa. Super. 274, 2016 Pa. Super. LEXIS 733
CourtSuperior Court of Pennsylvania
DecidedDecember 6, 2016
Docket1594 EDA 2015
StatusPublished
Cited by16 cases

This text of 152 A.3d 292 (Professional Flooring Co. v. Bushar Corp.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Professional Flooring Co. v. Bushar Corp., 152 A.3d 292, 2016 Pa. Super. 274, 2016 Pa. Super. LEXIS 733 (Pa. Ct. App. 2016).

Opinions

OPINION BY OLSON, J.:

Appellant, Rose Line, Inc., appeals from the order entered on April 21, 2015, granting the “Motion for Order Directing Distribution of Certain Escrow Funds Held by Class Action Counsel,” which was filed by The Brethren Mutual Insurance Company (hereinafter “Brethren”). After careful consideration, we affirm.

A previous panel of this Court summarized some of the facts that underlie this appeal. We quote the well-written prior opinion and intersperse certain facts that are relevant only to the current appeal:

[On] May 15, 2001[, a] fire [ ] destroyed a commercial complex known as the [295]*295Continental Business Center (the “Business Center”) located in Bridgeport, Pennsylvania. Over [70] commercial tenants[, including Appellant,] lost their businesses and hundreds of individuals suffered damages. ...
[At the time of the fire, Brethren insured Appellant under a business owner’s insurance policy. In accordance with the insurance policy, Brethren paid Appellant a total of $32,502.67 for losses Appellant sustained as a result of the fire.
Under the insurance policy, Brethren was subrogated to the rights of Appellant to “recover all or part of any payment [Brethren] made under th[e] policy.” Commercial Insurance Policy between Appellant and Brethren, from 1/19/02 to 1/19/03, at ¶ J. Further, when Appellant received payment from Brethren, Appellant signed a subrogation receipt which declared:
[Appellant] covenants and agrees to cooperate fully with [Brethren] in the prosecution of all subrogation claims. ... It is understood and agreed by the parties hereto that [Appellant] has not been fully indemnified by the above payment and, therefore, will seek full compensation of the damages sustained from third parties responsible therefor. The subrogation rights of [Brethren] are therefore subordinate to the right of [Appellant] to be fully indemnified from the above accident. [Brethren] therefore agrees not to pursue third-party subrogation unless and until [Appellant] has been fully indemnified by said third party. It is specifically understood and agreed by the parties hereto that [Brethren’s] subrogation right is subordinate to [Appellant’s] right to seek third-party indemnification. [Brethren] agrees not to enter into any settlement with or to receive funds from any third party tortfeasor or any other insurer without the prior written consent of [Appellant]. .
Subrogation ' Receipt for Business Income Claims, 1/4/01, at 1; Subrogation Receipt for Business Personal Property and Valuable Papers and Records Claims, 1/4/01, at 1.]
On May 24, 2001, six businesses affected by the fire, Professional Flooring Co. (“Professional”), Limerick Carpet & Flooring, Inc. (“Limerick”), [Appellant], Salmons Industries, Inc. a/t/a Millie Switch (“Salmons”), Renu Electronics, Inc. (“Renu”), and Purdy-Pak, Inc. [a/ k/a] Tite Pak, Inc. and PPI (“Purdy-Pak”), commenced a lawsuit in the Court of Common Pleas of Montgomery County by filing a complaint seeking to recover damages both on behalf of themselves and similarly-situated entities and individuals sustaining damages in connection with the fire. The defendants named in this 2001 complaint included various owners, operators, and managers of the Business Center. After the pleadings were closed, the six plaintiffs filed a motion: 1) seeking class certification pursuant to Pa.R.C.P. 1702; 2) requesting to be named as class representatives; and 3) asking that “the law firms of Kline & Specter, P.C. and High Swartz Roberts & Seidel, LLP be designated as counsel for the class.” Memorandum Opinion and Order, 4/14/03, at 2. After appropriate legal analysis, the trial court granted class certification, designated the original six plaintiffs as the class- representatives, and held that “Kline & Specter, P.C. and High, Swartz, Roberts & Seidel LLP are found to be adequate and are designated as class counsel.” Id. at 11. The court included within the class
All persons and entities who suffered losses resulting from the fire that [296]*296started on May 15, 2001 in the Continental Business Center situate in Bridgeport, Pennsylvania. Excluded from the class are defendants, additional defendants which may be named later, and their directors, officers, employees, affiliates and subsidiaries, as well as government entities.
Id.
The court approved of a notice to each class member about the pendency of the action and concerning each member’s ability to opt out of the class action to pursue an individual action for damages sustained in the fire. A packet describing the class action was sent to each class member with notice of their right to opt out of this litigation and to file an individual lawsuit. None of the six original plaintiffs elected to opt out of this action to pursue an individual lawsuit. Two years later, on May 14, 2003, Professional, Limerick, [Appellant], Salmons, Renu, and Purdy-Pak commenced a separate action in the Court of Common Pleas of Montgomery County against various defendants who were involved in the development, management, control, maintenance, and operation of the Business Center. The 2001 and 2008 lawsuits were then consolidated at docket number 2005-20924, civil division, in the Court of Common Pleas of Montgomery County.
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In 2006, the class representatives obtained approval to file an amended complaint that included other entities with potential liability for the fire. On July 28, 2006, the class representatives, on behalf of themselves and the class, filed a “Consolidated Amended Class Action Complaint,” adding more defendants. Consolidated Amended Class Action Complaint, 7/28/06, at 1, 2.... After amendment, there were [37] defendants included within the class action. This lawsuit thereafter became captioned “In re: Bridgeport Fire Litigation.” ...
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As trial approached, [17] defendants remained in th[e class] action. ... [Prior to trial, 15] defendants settled for $30 million. The trial court preliminarily approved this settlement but deferred a healing and final ruling as to that matter. Trial against two remaining defendants commenced in March 2008. During the course of trial, one of the defendants settled for $4 million.
Trial continued for several weeks against the sole remaining defendant, Universal Electric. The matter was submitted to the jury, and during deliberations, the jury asked a question that indicated that it had concluded that Universal Electric was not liable. At that point, despite the tenor of the jury’s inquiry, class counsel [reached a settlement agreement and] obtained another $1 million from Universal Electric. Thus, the total settlement agreement reached with respect to all defendants amounted to $35 million.
Notice of the settlement was distributed to class members, and a fairness hearing was conducted on June 23, 2008, where all class members were permitted to voice objections.
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In re: Bridgeport Fire Litigation, 8 A.3d 1270, 1273-1274,1276-1277, and 1280-1281 (Pa. Super.

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Professional Flooring Co. v. Bushar Corp.
152 A.3d 292 (Superior Court of Pennsylvania, 2016)
Professional Flooring v. Bushar Corp.
Superior Court of Pennsylvania, 2016

Cite This Page — Counsel Stack

Bluebook (online)
152 A.3d 292, 2016 Pa. Super. 274, 2016 Pa. Super. LEXIS 733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/professional-flooring-co-v-bushar-corp-pasuperct-2016.