On April 13, 2022, Joel Wertman and Doug Fogle of Winget, Spadafora & Schwartzberg LLP’s Philadelphia, Pennsylvania office successfully secured summary judgment in favor of their client, a home inspector operating in Philadelphia County. The matter involved multiple oral arguments, substantial briefing, and additional motion practice to include a request for reconsideration or to certify the matter for immediate interlocutory review. Ultimately, the trial court vacated its prior decision denying summary judgment and entered an Order granting summary judgment as to both the tort and contract claims pled against the home inspector by the Plaintiff as well as the crossclaims asserted by the Co-Defendants.
Critical to the viability of potential claims against home inspectors in Pennsylvania, WSS sought summary judgment based on the one-year statute of limitations under the Pennsylvania Home Inspection Law applicable from “the date the [home inspection] report is delivered.” 68 Pa.C.S. § 7512. WSS conclusively established that the subject report had been delivered to the home buyer in April 2019, but that the Complaint was not filed until July 2020. The issues presented in the Motion for Summary Judgment and subsequent Motion for Reconsideration raised novel legal issues, as there is no reported appellate decisions addressing the applicability of 68 Pa.C.S. § 7512 and under what circumstances it could allow for tolling.
Joel Wertman, a partner with WSS’s Philadelphia office, was lead counsel and handled oral argument. Doug Fogle, an associate with the Philadelphia office, collaborated with Mr. Wertman on briefing.