Mentzer v. Ognibene

BECK, Judge 1:

Appellant, David R. Mentzer, appeals from an order granting summary judgment in favor of defendants Frank A. Ognibene (“Frank”), Joel Galinn (“Galinn”), Arthur Ognibene (“Arthur”) and F.A.O. Land Management and Development Co., Inc. (“FAO”). Mentzer filed a complaint seeking to hold defendants liable for the negligence of an independent contractor, Leonard S. Fiore, Inc. (“Fiore”), under several theories of negligence set forth in Sections 411, 416 and 427 of the Restatement (Second) of Torts, as well as under a third-party beneficiary breach of contract theory. Mentzer also…