Sachs, D. v. Wilkinsburg-Penn Joint Water

CourtSuperior Court of Pennsylvania
DecidedFebruary 13, 2026
Docket374 WDA 2025
StatusUnpublished
AuthorOlson

This text of Sachs, D. v. Wilkinsburg-Penn Joint Water (Sachs, D. v. Wilkinsburg-Penn Joint Water) 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
Sachs, D. v. Wilkinsburg-Penn Joint Water, (Pa. Ct. App. 2026).

Opinion

J-A26001-25

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37

DAVID SACHS AND MARLENE SACHS : IN THE SUPERIOR COURT OF : PENNSYLVANIA Appellants : : : v. : : : WILKINSBURG-PENN JOINT WATER : No. 374 WDA 2025 AUTHORITY :

Appeal from the Order Entered February 24, 2025 In the Court of Common Pleas of Allegheny County Civil Division at No: AR-24-006357

BEFORE: OLSON, J., STABILE, J., and KING, J.

MEMORANDUM BY STABILE, J.: FILED: February 13, 2026

This appeal concerns whether the tort claims of Appellants/plaintiffs,

David Sachs and Marlene Sachs, are procedurally barred. Appellants alleged

that, in 2022, runoff from a malfunctioning water main owned and operated

by Appellee/defendant, Wilkinsburg-Penn Joint Water Authority, entered their

property and caused damages. It was alleged further that the same problem

recurred as recently as 2024. Appellee moved for judgment on the pleadings

on statute of limitations grounds, arguing that Appellants filed their action

over two years after it began to accrue. The trial court granted judgment for

Appellee, and Appellants now seek review of that ruling. For the following

reasons, we affirm the trial court’s order as to the claims arising from the

initial water intrusion onto Appellants’ property; but as to claims arising from J-A26001-25

recurrences of the issue within two years from the filing date of the complaint,

we reverse insofar as the trial court found that the time-bar applies.1

Appellants filed their operative complaint on October 9, 2024, asserting

four counts – continuing trespass (Count I); trespass (Count II); negligence

(Count III); and private and continuing nuisance (Count IV). ____________________________________________

1 As Appellee is a public utility, the Commonwealth Court has exclusive jurisdiction in this case. See 42 Pa.C.S.A. § 762(a)(4)(i)(A). However, since Appellee has not contested this Court’s jurisdiction, and the appeal has been perfected, this Court has discretion to determine whether jurisdiction should be retained. See Valley Forge Indus., Inc. v. Armand Constr. Inc., 374 A.2d 1312, 1316 (Pa. Super. 1977). When determining whether to retain an appeal:

[w]e must balance the we must balance the interests of the parties and matters of judicial economy against other factors such as: (1) whether the case has already been transferred; (2) whether our retention will disrupt the legislatively ordained division of labor between the intermediate appellate courts; and (3) whether there is a possibility of establishing two conflicting lines of authority on a particular subject. Moreover, each transfer should be decided on a case-by-case basis.

Mohn v. Bucks Cty. Republican Committee, 218 A.3d 927, 934 (Pa. Super. 2019) (en banc) (quoting Trumbull Corp. v. Boss Constr. Inc., 747 A.2d 395, 399 (Pa. Super. 2000)).

Here, the interests of judicial economy, and of the parties, are best served by this Court retaining jurisdiction of this appeal. Our disposition will not disrupt the division of labor between this Court and the Commonwealth Court, and it will not it result in conflicting lines of authority. The issues to be resolved in the present appeal all concern the application of the statute of limitations for tort claims, and therefore do not involve substantive matters within the exclusive jurisdiction of the Commonwealth Court. Thus, we decline to transfer this case. See e.g., M.W.M. v. Buzogany, Nos. 379 WDA 2022, 380 WDA 2022, at 11-14 n.11 (Pa. Super. filed July 21, 2023) (unpublished memorandum) (retaining jurisdiction where disposition turned on applying statutes that did not involve substantive issues exclusive to jurisdiction of Commonwealth Court).

-2- J-A26001-25

Appellants alleged that, on January 22, 2022, a water main owned and

operated by Appellee developed a leak. Runoff from the water main then

traveled to Appellants’ property, where it froze, causing damage to their

“driveway, drainage basin, [and] fence[.]” Complaint, 10/9/2024, at para. 9.

In addition to the initial leak alleged on January 22, 2022, Appellants

asserted that Appellee failed to “regulate the water main . . . as recently as

June 21, 2024, and this unwanted and unjustified entrance . . . has caused

additional damages and aggregated additional runoff water and debris onto

[Appellants’] driveway and immediate surrounding vicinity[.]” Id., at para.

23.

Appellee filed an answer and new matter, contending, in relevant part,

that Appellants’ complaint was barred by the statute of limitations. That is,

the alleged water main break occurred on January 22, 2022, and Appellants

did not file their complaint until a date beyond the expiration of the two-year

statute of limitations filing period, on October 10, 2024. Appellee moved for

judgment on the pleadings on that same ground. See Motion for Judgment

on the Pleadings, 12/10/2024, at 1-2.

In their brief in opposition to Appellee’s motion for judgment on the

pleadings, Appellants argued in part that their claims are not barred by the

statute of limitations because “they involve persisting injuries that have been

continuous and ongoing.” Appellants’ Brief in Opposition, at 3.

-3- J-A26001-25

The trial court granted Appellee’s motion for judgment on the pleadings,

finding that Appellants’ complaint was filed beyond the limitations period, and

the statute of limitations had not been tolled:

The Court's brief explanation for this decision is as follows. The undisputed facts of record show that [Appellants] commenced this lawsuit after the expiration of the statute of limitations. [Appellants] knew that they suffered an injury. [Appellants] knew that the injury was caused by [Appellee]. Yet, [Appellants] waited more than two years to file a complaint.

There is no basis to excuse [Appellants] from this obligation of timely filing. Assuming [Appellants’] explanation to be credible as I have reason to doubt their veracity, the act of negotiating with an insurance company or participating with that insurer in a claims review process does not otherwise toll the statute of limitations. A cause of action accrued to [Appellants] before the insurance company denied the claim. Moreover, this is not a situation of continuous trespass or of multiple specific or discrete torts being inflicted on [Appellants] at different times, thus giving rise, potentially, to a later statute of limitations.

Instead, what occurred, from the facts plead[ed], is that, on a certain date, water came into the [Appellants’] land and property because of the negligence of [Appellee]. That the water (as a liquid, solid or gas) remained there for a period of months (or years) does not alter the statute of limitations. Under [Appellants’] theory and logic, provided the water from the tortious conduct remains on the premises, then the statute of limitations does not expire, potential extending ad infinitum. This position is plainly refuted by Pennsylvania law.

Lastly, a party raising the affirmative defense of the statute of limitations is not required to show any prejudice. That is undoubtedly a harsh consequence. But it is the law of Pennsylvania and has been for many years. It would constitute a reversible error for this Court to now deviate from accepted standards and to introduce equitable considerations into its analysis.

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Related

Ayers v. Morgan
154 A.2d 788 (Supreme Court of Pennsylvania, 1959)
Jones v. Wagner
624 A.2d 166 (Superior Court of Pennsylvania, 1993)
Valley Forge Industries, Inc. v. Armand Construction, Inc.
374 A.2d 1312 (Superior Court of Pennsylvania, 1977)
Miller v. Stroud Township
804 A.2d 749 (Commonwealth Court of Pennsylvania, 2002)
Piehl v. City of Philadelphia
987 A.2d 146 (Supreme Court of Pennsylvania, 2009)
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44 A.3d 80 (Superior Court of Pennsylvania, 2012)
County of Allegheny v. Merrit Construction Co.
454 A.2d 1051 (Superior Court of Pennsylvania, 1982)
Kramer v. Pittsburgh Coal Co.
19 A.2d 362 (Supreme Court of Pennsylvania, 1941)
Kowalski, B. v. TOA PA V, L.P.
206 A.3d 1148 (Superior Court of Pennsylvania, 2019)
Trumbull Corp. v. Boss Construction, Inc.
747 A.2d 395 (Superior Court of Pennsylvania, 2000)
Cogley v. Duncan
32 A.3d 1288 (Superior Court of Pennsylvania, 2011)
Mohn, D. v. Bucks Co. Republican Committee
2019 Pa. Super. 270 (Superior Court of Pennsylvania, 2019)
Long, E. v. Estate of: McFarland, D.
2020 Pa. Super. 276 (Superior Court of Pennsylvania, 2020)

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Bluebook (online)
Sachs, D. v. Wilkinsburg-Penn Joint Water, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sachs-d-v-wilkinsburg-penn-joint-water-pasuperct-2026.