CASSELBURY v. American Food Service
30 A.3d 510
| Pa. Super. Ct. | 2011Background
- Casselburys filed a tort action against AFS for injuries to Mr. Casselbury from a slip near a dumpster at OSRAM plant in Towanda, arising from faulty disposal of cooking oil.
- AFS, under contract with OSRAM, provided cafeteria food services and disposed of cooking oil in OSRAM dumpsters.
- Mr. Casselbury slipped on oil leaking from the dumpster; he smelled cooking oil and believed it was the source of the slip.
- OSRAM employees handled oil disposal; AFS was aware of proper disposal procedures and that oil was to be placed in sealed pails.
- The trial court granted summary judgment to AFS under Rule 1035.2; Casselburys appeal asking whether AFS owed a duty and breached it, with triable issues of fact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether AFS owed a duty to Casselbury under §324A. | Casselbury; AFS undertook to dispose oil safely, creating duty to third parties. | AFS did not owe a duty regarding dumpster maintenance or surrounding ground. | Duty exists under §324A; triable issues remain. |
| Whether there is a genuine issue of material fact precluding summary judgment. | Evidence shows oil leaking from dumpster and improper disposal as the cause. | No material factual dispute about AFS's disposal duties. | Triable issues of fact exist. |
| Whether Kenneth Vail's expert report alone precludes summary judgment. | Expert testimony supports causation and breach. | Expert report is insufficient to create triable issue. | Question left for trial; not dispositive. |
Key Cases Cited
- Farabaugh v. Pa. Tpke. Comm'n, 590 Pa. 46, 911 A.2d 1264 (2006) (duty arising from undertakings; liability to third parties noted under §324A)
- Evans v. Otis Elevator Co., 403 Pa. 13, 168 A.2d 573 (1961) (undertaking to maintain safety can impose duty to third parties)
- Beury v. Hicks, 227 Pa. Super. 476, 323 A.2d 788 (1974) (contractual undertakings creating potential duty to third parties; hazardous condition liability)
- Reeser v. NGK North American, Inc., 14 A.3d 896 (Pa. Super. 2011) (engineering firm not liable where no duty to protect public; distinguishes Farabaugh/Otis)
- Summers v. Certainteed Corp., 606 Pa. 294, 997 A.2d 1152 (2010) (standard of review for summary judgment; de novo on legal questions)