SA Realty asks court to dismiss Erie Insurance property damage lawsuit

By Kyla Asbury | Jun 11, 2018

SCRANTON - SA Realty Co. is asking the Court of Common Pleas of Lackawanna County to dismiss a lawsuit filed by Erie Insurance Co. in connection with a dispute related to liability for property damage to a barber shop that operates out of a business owned by SA Realty.

Erie Insurance filed the lawsuit as subrogee of Sole Providerz LLC, which does business as King of Fades Barber Shop.

The complaint said the barbershop sustained an alleged $29,094.50 in property damage on Feb. 25, 2017 when the drains on the roof backed up, causing the roof to leak

Erie said in the lawsuit that it paid the barbershop's insurance claim in full, and it is now seeking payment from SA Realty for the cost of the damages, claiming that SA Realty failed to maintain the premises and failed to inspect the property and the roof.

Attorney Edward Monsky   Fine & Wyatt PC

The realty company also failed to repair the roof properly and failed to give warning of the issue to its tenants, according to the lawsuit.

Erie claims SA Realty also breached its contract with the barbershop.

Erie is seeking compensatory damages in the amount of $29,094.50 with interest. It is represented by Edward Monsky of Fine & Wyatt.

SA Realty filed objections to the complaint, alleging that Erie failed to state a cause of action under which relief could be granted. It also argued that the complaint filed by the insurer was not specific enough.

SA Realty argued that a demurrer should be granted and that the complaint should be dismissed.

Erie is not allowed to bring the lawsuit against SA Realty, according to the objections. 

Specifically, SA Realty argues that negligence and breach of contract claims are barred "by the gist of the action doctrine, as the allegations sound in contract and not in tort."

Also, SA Realty said Article 8 of the lease agreement between SA Realty and the barbershop prohibits the claims in the lawsuit.

SA Realty is represented by William E. Vinsko of Vinsko & Associates.

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