Opinion
3:21-CV-551
03-25-2022
PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, Plaintiff, v. TIDEWATER EQUIPMENT COMPANY and MID-STATE FORESTRY EQUIPMENT, LLC, Defendants.
ORDER
Robert D. Mariani, United States District Judge.
AND NOW, THIS 24th DAY OF MARCH 2022, upon consideration of Magistrate Judge Carlson's Report and Recommendation ("R&R") (Doc. 31) for clear error or manifest injustice, IT IS HEREBY ORDERD THAT:
1. Magistrate Judge Carlson's Report and Recommendation (Doc. 31) is ADOPTED for the reasons set forth therein;
The Court notes that the R&R's analysis of the economic loss doctrine relies in part on Werwinski v. Ford Motor Company, 286 F.3d 661 (3d Cir. 2002). (See Doc. 31 at 11, 20.) Werwinski held in part that the economic loss doctrine applies to UTPCPL claims. 286 F.3d at 670-682. This holding was abrogated by Earl v. NVR, Inc., 990 F.3d 310, 314 (recognizing the tension between Werwinski and the Pennsylvania Superior Court's decision in Knight v. Springfield Hyundai, 81 A.3d 940 (Pa. Super. Ct. 2013)). Because this case does not involve UTPCPL claims, the abrogation of Werwinski as to the economic loss doctrine's applicability to UTPCPL claims does not affect the R&R's reliance on Werwinski as to the economic loss doctrine's applicability to tort claims.
2. Defendant Mid-State's Motion to Dismiss (Doc. 12) is GRANTED with the result that Counts I, III, and IV of Plaintiffs Amended Complaint (Doc. 11) are DISMISSED;
3. Defendant Tidewater's Motion to Dismiss (Doc. 14) is DENIED;
4. Counts II, V, and VI of Plaintiffs Amended-Complaint (Doc. 11) go forward.