Kolojeski v. John Deisher, Inc.

Dissenting Opinion by

Mr. Justice Roberts:

In its opinion sustaining defendant’s preliminary objections, the lower court frankly admits that a valid cause of action would exist if the use of lead based paint “constituted a latent dangerous condition of which defendants had or should have had knowledge and plaintiffs did not.” See Lopez v. Gukenback, 391 Pa. 359, 137 A. 2d 771 (1958); Restatement 2d, Torts, §358(1). This language is then echoed by the majority of this Court which recites that liability would exist if the use of the paint “constituted the creation of a dangerous condition of…