Mistick PBT v. Liss

WETTICK JR., J.,

The summary judgment motions filed by defendants raise the issue of whether claims which plaintiffs have raised under the Pennsylvania Storage Tank and Spill Prevention Act, 35 P.S. §6021.101 et seq., are governed by a two-year limitation period governing torts (42 Pa.C.S. §5524(7)) or a six-year “catchall” limitation period (42 Pa.C.S. §5527). This issue has never been addressed by any Pennsylvania appellate court.

Section 5524(7)’s two-year limitation period applies to any “action or proceeding to recover damages for injury to person or property which is founded on negli*235gent,…