The state Supreme Court has decided that a pair of plaintiffs may not recover damages from the former operator of a steel plant under the Restatement (Second) of Torts for injuries they sustained on the premises six years after the company sold the plant.
The Dec. 1 opinion, punctuating a 16-year-old case, affirms a Superior Court decision, though on different grounds, that Section 385 of the Restatement did not allow the plaintiffs to sue defendant PA Partners. The plaintiffs had maintained that PA Partners could be held liable under the negligent construction theory in Section 385 — pertaining to liability of a contractor or employee that creates a dangerous condition on land on behalf of that land’s operator.
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