Bennett v. A.T. Masterpiece Homes at Broadsprings, LLC
40 A.3d 145
| Pa. Super. Ct. | 2012Background
- Appellant Grant Colledge appealed after jury found personal liability on housing contracts and UTPCPL damages were doubled.
- Bennetts and Hoefferles contracted with A.T. Masterpiece Homes at Broadsprings for new homes; Colledge was managing member.
- Plaintiffs alleged multiple construction deficiencies and Code violations; engineering expert Yingst quantified substantial repair costs.
- Appellees claimed Appellant guaranteed quality and personally assured performance, creating personal liability despite corporate form.
- Trial proceeded in two phases: liability phase found breach/warranty/UTPCPL; damages phase awarded and doubled under UTPCPL; fees awarded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did evidence support personal liability on contracts? | Colledge expressly assumed personal liability through guarantees. | Colledge acted as A.T. Masterpiece’s agent; no personal liability without explicit assumption. | Yes; sufficient evidence supported personal liability. |
| Is UTPCPL catchall liability proper after 1996 amendment requiring deception or fraud? | Deceptive conduct suffices under post-amendment catchall. | Catchall requires common law fraud; misleading conduct not enough. | Yes; deceptive conduct can support catchall liability. |
| Was double damages under UTPCPL proper given the court’s view of liability? | UTPCPL allows treble damages; a multiplier was warranted for serious conduct. | Court should not award excessive treble damages; more limited relief appropriate. | Yes; court acted within its discretion to double damages. |
Key Cases Cited
- In re Estate of Duran, 692 A.2d 176 (Pa. Super. 1997) (agency principle: disclosed principal generally shields agent absent explicit assumption)
- Booze v. Allstate Ins. Co., 750 A.2d 877 (Pa. Super. 2000) (post-amendment catchall interpretation debated; relied on pre-amendment view)
- Skurnowicz v. Lucci, 798 A.2d 788 (Pa. Super. 2002) (pre-amendment catchall requiring fraud; distinguished post-amendment analysis)
- Percudani, 825 A.2d 743 (Pa. Cmwlth. 2003) (held 1996 amendment altered catchall to cover deceptive conduct)
- Colaizzi v. Beck, 895 A.2d 36 (Pa. Super. 2006) (post-amendment catchall discussed; adopts deceptive conduct standard)
- Ross v. Foremost Ins. Co., 998 A.2d 648 (Pa. Super. 2010) (post-amendment interpretation cited for catchall standard)
- Monumental Props., Inc. v. Creamer, 459 Pa. 450 (Pa. 1974) (liberal construction of UTPCPL goal)