DeFEBO v. Andersen Windows, Inc.

MEMORANDUM RE: MOTION TO DISMISS

BAYLSON, District Judge.

Something like a gathering storm, this is one in an increasing number of cases where the plaintiff attempts to turn straightforward breach of contract and warranty claims into tort claims. Pennsylvania law is not hospitable to such attempts.

Presently before the Court is Defendant, Home Depot’s, Motion to Dismiss. This case arises out of a purchase by Plaintiff of windows from Defendant Home Depot and manufactured by Defendant Andersen Windows. Plaintiffs Complaint alleged breach of contract, misrepresentation, breach of express warranty,…