TOPP COPY PRODUCTS, INC. and Topp Telecommunications, Inc., Appellees v. Ernest SINGLETARY and Tony Noviello, t/a Nova Construction Co. and Nova Construction, Inc. Appeal of Ernest SINGLETARY, 533 Pa. 468

Summary

Appellees lessees sustained damages to their property due to a leaking toilet in the rental unit. Appellees sued appellant lessor for damages to their property. Appellant moved for summary judgment based upon an exculpatory clause in the lease which insulated appellant from liability for damages caused by broken plumbing fixtures. The trial court granted the motion and the superior court reversed that decision, finding that the clause was not sufficiently specific to immunize appellant from liability for his own acts of negligence. On appeal, the court reversed the superior court's judgment and reinstated the trial court's order granting summary judgment in favor of appellant, finding that all that the law required was that the tenant's waiver of his landlord's responsibility for losses resulting from his negligence is that it shall be plainly expressed, which was done in the instant case.