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Torts keyed to Best
American Trucking Leasing, Inc. v. Thorne Equipment Co.
Facts
After a fire started in a flammable trash pile in a vacant building owned by Dorothy Gross (Defendant), the fire spread across a narrow street and damages the property owned by Joseph Tartaglia (Defendant) and used by JACTCO, Inc. (Defendant). After the fire was extinguished, the City of Philadelphia (Defendant) entered into an agreement with Thorne Equipment (Defendant) in which Thorne agreed to demolish a damaged elevator shaft on Joseph’s property. As Thorne was demolishing the elevator shaft, a portion of the elevator shaft fell and damaged property owned by American Truck Leasing Company (Plaintiff). Subsequently, Plaintiff filed suit against each defendant to recover damages. Plaintiff’s claim against Dorothy was dismissed, however, because Dorothy’s negligence in allowing the flammable trash pile to accumulate was not a substantial factor in causing Plaintiff’s damages. Despite its other claims against the other defendant remaining, Plaintiff appealed the trial court’s dismissal of its negligence claim against Dorothy.
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