Legal Opinion · Dissent

Will v. Electrical Contractors Examining Board

Commonwealth Court of Pennsylvania

Decided November 23, 1994Published

1DissentFriedman, Judge

I disagree with the majority’s contention that “gross negligence” is so colloquially understandable as to allow Will to defend himself against an action for allegedly violating Article 1713 of the Erie Building Code (Code). Therefore, I must dissent.

The majority agrees with the Board’s assertion that because the Code defines an electrical contractor as one who performs services under identifiable standards of care, a suspension of license by the Board for “gross” breach of that standard is permissible. However, the Board and the majority fail to recognize that the Code presently allows for…

2Cases cited11 opinions

  1. Smith v. GoguenSupreme Court of the United States · 1974
  2. Jordan v. De GeorgeSupreme Court of the United States · 1951
  3. Callahan v. Pennsylvania State PoliceSupreme Court of Pennsylvania · 1981
  4. Commonwealth v. HeckSupreme Court of Pennsylvania · 1987
  5. Commonwealth v. HeckSupreme Court of Pennsylvania · 1985

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