328 Pa. Super. 11 - Tyus v. Resta’s Empirical Analysis
1984
Citation profile
72 state decisions
How this case has been cited
Cited by 78 later decisions — most recently November 2023 · most notably 360 Pa. Super. 119 - Ecksel v. Orleans Construction Co. (1987), 352 Pa. Super. 359 - Hawthorne v. Dravo Corp., Keystone Div. (1986)
72 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Dilliplaine v. Lehigh Valley Trust Co. · 92 Ill. 2d 171 - Redarowicz v. Ohlendorf · Pugh v. Holmes · ELDERKIN Et Ux. v. Gaster · Rutter v. Northeastern Beaver County School District
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A house is a shelter. The whole purpose of building shelter is to protect individuals , and their property from the elements — wind, water, fire, earth, etc. A basement is part of the overall pursuit of this protection. The [homeowner] proved that the basement cannot be used even for storage. A continually wet basement indicated the owner of the resident [sic] may not rely on a part of that residence to protect individuals from at least one of the elements — water. The purpose of building a house is undone by the [builder-vendor’s] improper construction created [sic] a premises unfit for human dwelling. Additionally, there is precedent to uphold such a finding. In Tyus ... this Court upheld a lower court finding that a leaky crawlspace breached the warranty of habitability. We will not overturn the lower court’s determination that the leaky basement in this case breached both the implied warranties of habitability and reasonable workmanship.”
1 later decision quote this exact passage“[I]t seems only fair to put the burden of repairing defects in construction on the person who is (1) responsible for the defects, (2) is in a position to repair them and (3) is in a position to spread the costs of the repair. This is especially true since a significant amount of the defects can be so buried in the construction that it could be impossible to find them before buying, no matter how careful or thorough the inspection.”
1 later decision quote this exact passage · from the concurrence“[the] witness has any reasonable pretension to specialized knowledge on the subject under investigation____ Such a person need not possess all the knowledge in his [or her] special field of activity in order to qualify. The question of qualification of an expert witness is one for the discretion of the trial court.... A trial court will be reversed only for a clear case of error.”
1 later decision quote this exact passage · from the dissent
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.