IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

DAVID L. BROWN, INDIVIDUALLY AND : No. 292 WAL 2021 AS EXECUTOR OF THE ESTATE OF : KATHRYN A. BROWN, DECEASED, : : Petition for Allowance of Appeal from v. : the Order of the Commonwealth CITY OF OIL CITY : Court : : v. : : : FRED L. BURNS, INC. : : v. : : SCOTT AMSDELL, INDIVIDUALLY, AND : MACON, INC., AND HAROLD BEST, : INDIVIDUALLY, AND STRUXURES, LLC : : : PETITION OF: HAROLD BEST, : INDIVIDUALLY, STRUXURES, LLC, AND : FRED L. BURNS, INC. : :

ORDER PER CURIAM AND NOW, this 22nd day of February, 2022, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by petitioner, is: (1) Whether an out-of-possession contractor cannot be subject to liability under Section 385 of the Restatement of Torts for injuries to third-parties where the dangerous condition of the structure erected by the contractor is well- known to the possessor of land?

Justice Brobson did not participate in the consideration or decision of this matter.