Reeser v. NGK North American, Inc.
14 A.3d 896
| Pa. Super. Ct. | 2011Background
- Nearby residents lived 0.16 to 5.5 miles from the Reading beryllium plant for decades; plaintiff alleges CBD from plant emissions.
- SSM, an engineering firm, conducted 1971 and 1982 stack tests showing emissions exceeded EPA limits.
- SSM informed plant owners of results but did not report findings to government or community.
- Plaintiffs sued for liability under Restatement §324A for negligent performance of an undertaking.
- Trial court granted summary judgment for SSM; issue is whether §324A imposes duty based on undertaking to protect third parties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §324A imposes a duty on SSM to protect the public | Reeser argues SSM undertook duty to protect public health | SSM did not undertake a duty to public safety | No duty absent explicit undertaking |
| If an undertaking existed, whether SSM negligently performed it | If duty found, SSM breached by not protecting public health | No undertaking found, so no duty to breach | Not reached/irrelevant because no undertaking established |
| Are Sheridan, Evans, and Farabaugh controlling on §324A in this context | These cases support community safety duty | They differ; no direct undertaking by SSM | Not controlling; distinguishable; §324A requires specific undertaking |
Key Cases Cited
- Sheridan v. NGK Metals Corp., 609 F.3d 239 (3d Cir. 2010) (§324A requires a specific undertaken duty to a third party; mere foreseeability insufficient)
- Evans v. Otis Elevator Co., 403 Pa. 13, 168 A.2d 573 (Pa. 1961) (duty to third persons measured by contractual undertaking; inspection duty extends to third persons when undertakings cover safety)
- Farabaugh v. Pennsylvania Turnpike Commission, 590 Pa. 46, 911 A.2d 1264 (Pa. 2006) (safety oversight under contract can create a duty to third parties; scope depends on undertaking)
- Ervin v. American Guardian Life Assurance Co., 376 Pa. Super. 132, 545 A.2d 354 (Pa. Super. 1988) (no duty to third party when physician acted for insurer, not for applicant)