Full opinion text
MEMORANDUM BUCKWALTER, District Judge. I. Introduction This litigation arose as a result of a fire at the One Meridian Plaza building in downtown Philadelphia which began on February 23, 1991. Various parties, none of whom were tenants of One Meridian Plaza at the time of the fire, have brought claims for uninsured losses. All of the initial complaints filed in the above cases were consolidated into the “One Meridian First Consolidated Amended Class Action Complaint” (hereinafter the “Complaint”). Each of the defendants has filed a separate motion to dismiss the Complaint, a motion for a more definite statement, a motion to strike, or some combination thereof (hereinafter simply “motions to dismiss”). Each motion contains numerous sections. Many of these sections are common to many or all of the motions to dismiss. In addition, some defendants have raised arguments which, although not raised by other defendants, apply to other defendants. Wherever any defendant’s motion demonstrates that plaintiffs have failed to state a claim against all defendants, the dismissal of the claim will apply to all defendants. Where a defendant makes an argument on its own behalf only, of course, the portion of this opinion which discusses that argument will apply only to that defendant. In the end, each defendant stands alone and the order following this opinion reflects the differences in the resolution of issues as applicable to each defendant. The facts of the case are common to all defendants’ motions. Where necessary, facts applicable only to a specific defendant are included in the section of the opinion corresponding to that defendant and its motion. The standard of review in a motion to dismiss, of course, is the same for all defendants and all of the instant motions. When reference is made to a “defendant’s memorandum,” (i.e. “Delmont’s Memorandum” or “Balis’ Memorandum”) it is to that defendant’s memorandum in support of its motion to dismiss. Plaintiff has responded with one collective memorandum in opposition to all of the motions. When reference is made to “Plaintiffs’ Memorandum,” it is to that collective memorandum. Subsequent to the filing of these motions, plaintiffs’ response and defendants’ replies, plaintiffs filed a motion to amend the Complaint. The proposed second amended complaint, attached to plaintiffs’ motion, has indicated plaintiffs’ acquiescence to the dismissal of the following: 1. All claims by Constitution Bancorp., N.A. and Louis J. Boundonna; 2. All allegations against “potential co-defendants”; 3. Certain allegations which defendants characterized as irrelevant and impertinent. Thus, these matters, all of which were raised in the motions to dismiss, are dismissed. II. Facts This litigation arose from the fire which occurred on Saturday, February 23, 1991, at the One Meridian Plaza building (“One Meridian” or “the Building”) in downtown Philadelphia. Since the fire, One Meridian has been shut down, as has Two Mellon Bank Center (“Two Mellon”), which is adjacent to One Meridian. The City of Philadelphia barred access to an area surrounding the Building for some time after the fire due to the threat of falling granite or other debris. A. The Parties There are numerous plaintiffs and defendants, and it is important to identify all of them in order to resolve the motions to dismiss . It is also important to note whether the plaintiffs sustained any property damage as a direct result of the fire, the (potential) classes of which each plaintiff is a member, and which causes of action they assert. Plaintiffs: 1.Ejay Travel, Inc. (“Ejay”): It is alleged that Ejay is a corporation which leased space near One Meridian, and that water and debris entered and damaged Ejay’s premises as well as its business furniture, equipment and records. (¶ 3). The threat of falling debris and the closure of the street on which Ejay is located prevented Ejay from repairing its premises and resuming business. Ejay is a member of proposed Classes C, D, and E and asserts all causes of action in the Complaint against defendants. 2. Nancy Dembowski (“Dembowski”): It is alleged that Dembowski’s place of employment was located at One Meridian and that personal property located at her place of employment was destroyed. (¶ 4). She is a member of proposed Classes A, D and E and asserts all causes of action in the Complaint against defendants. 3. Virginia L. Grandy (“Grandy”): It is alleged that Grandy’s place of employment was located at One Meridian and that personal property located at her place of employment was destroyed. (¶ 5). She is a member of proposed Classes A, D and E and asserts all causes of action in the Complaint against defendants. 4. T. Sean Crumlish (“Crumlish”): It is alleged that Crumlish is an employee and sales representative of Equitrac Corp., and was a provider of goods and services to tenants of One Meridian and Two Mellon, and that personal property belonging to him was destroyed or lost. (¶ 6). He also lost commissions, income, and actual and potential clients and business. He is a member of proposed Classes A, D and E and asserts all causes of action in the Complaint against defendants. 5. Robert Allen (“Allen”): It is alleged that Allen’s place of employment was located at One Meridian, and that he suffered damage to his personal property and economic harm. (¶ 9). Allen is a member of proposed Classes A, D, and E and asserts all causes of action in the Complaint against defendants. 6. Regent 15th Street, Inc., d/b/a Giorgio Brutini (“Regent Shoes”): It is alleged that Regent Shoes is a corporation which rented and operated a commercial establishment near One Meridian until the fire, and that it suffered physical harm to its business premises, furniture, equipment, inventory and other personal property as well as business loss and interruption. (¶ 10). Regent Shoes is a member of proposed Classes C, D, and E and asserts all causes of action in the Complaint against defendants. 7. LegXpress, Inc. (“LegXpress”): It is alleged that LegXpress is a corporation which operated a hosiery store located near One Meridian. LegXpress has alleged business loss and interruption but no property damage. (¶ 11). It is a member of proposed Class E and asserts only Count VI (public nuisance) of the Complaint against defendants. 8. Pennsylvania Square Corp. (“Square Corp.”): It is alleged that Square Corp. is a corporation which operated parking facilities for the general public near One Meridian. Square Corp. has alleged business loss and inteiTuption but no property damage. (¶ 12). Square Corp. is a member of proposed Class E and asserts only Count VI (public nuisance) of the Complaint against defendants. 9. Anthony Vinciguerra (“Vinciguerra”): It is alleged that Vinciguerra leased and occupied space in Two Mellon at the time of the fire and that his space and business was “touched and physically invaded by water, smoke and airborne toxins and the ingress and egress to plaintiffs space and business was physically blocked by barricades and other fire safety equipment or materials.” (¶ 13). Vinciguerra is a member of proposed Classes B, C, D, and E and asserts all causes of action in the Complaint against defendants. 10. John M. Corcoran (“Corcoran”): It is alleged that Corcoran leased and occupied space and conducted business in Two Mellon at the time of the fire and that his space and business was touched and physically invaded by water, smoke and airborne toxins and the ingress and egress to plaintiffs space was physically blocked. (¶ 14). Corcoran is a member of proposed Classes B, C, D, and E and asserts all causes of action in the Complaint against defendants. 11. Sunshine Personnel, Inc. (“Sunshine”): It is alleged that Sunshine is a corporation which leased premises in the area of Philadelphia closed to pedestrian and vehicular traffic. (¶ 15). Sunshine has alleged business interruption and damage to its business but no property damage. Sunshine is a member of proposed Classes D and E and asserts all causes of action in the Complaint against defendants. 12. Royal Bank of Pennsylvania (“Royal Bank”): It is alleged that Royal Bank is a corporation which leased premises in the area of Philadelphia closed to pedestrian and vehicular traffic, and that it incurred physical harm to its business premises, furniture, equipment inventory and suffered other personal and real property damage. (¶ 16). Royal Bank is a member of proposed Classes C, D, and E and asserts all causes of action in the Complaint against defendants. 13. Robert J. Atlee (“Atlee”): It is alleged that Atlee’s place of employment was located at One Meridian, that personal property owned by him was destroyed and that he lost his employment as a result of the fire. (¶ 17). He is a member of proposed Classes A, D, and E and asserts all causes of action in the Complaint against defendants. 14. Triumphe Financial Services (“Triumphe”): It is alleged that Triumphe is a corporation which provided various financial, accounting and computing goods and/or services to occupants of the Building. (¶ 18). Triumphe has alleged lost income and actual and potential clients and business but no property damage. It is a member of proposed Classes C, D, and E and asserts all causes of action in the Complaint against defendants. 15. C.W.D. Enterprises Ltd. d/b/a Chris’ Cafe and Bar (“Chris’ Cafe”): It is alleged that Chris’ Cafe suffered smoke and odor damage to its property and premises, which is located near One Meridian, and also suffered business loss and interruption and damage to its business as a result of the fire. (¶ 19). It is a member of proposed Class E and asserts only Count VI (public nuisance) of the Complaint against defendants. 16. The Happy Rooster, Inc. (“The Happy Rooster”): It is alleged that the Happy Rooster is a corporation which suffered smoke and odor damage to its property and premises which is located near One Meridian. (¶ 20). It also alleges business interruption and damage to its business as a result of the fire. It is a member of proposed Class E and asserts only Count VI (public nuisance) of the Complaint against defendants. Potential Plaintiff Classes: Class A: This class includes persons or entities who owned or leased property located in One Meridian which was damaged by the fire or efforts to suppress the fire or conditions that existed in the aftermath of the fire. 0I40a). Class B: This class includes persons or entities who owned or leased property located in Two Mellon which was damaged by the fire or efforts to suppress the fire or conditions that existed in the aftermath of the fire. (¶ 40b). Class C: This class includes persons or entities who owned or leased property outside of One Meridian and Two Mellon which was damaged by the fire or efforts to suppress the fire or conditions that existed in the aftermath of the fire. (¶ 40c). Class D: This class includes persons or entities who resided, worked, owned or leased real or personal property, conducted business, provided goods or services, or engaged in other enterprises or endeavors in the area of Philadelphia to which access was limited because of the fire and who or which suffered harm on account of the threat of physical harm or the closure of the City’s streets. (¶ 40d). Class E: This class includes persons and entities who conducted business or engaged in other enterprises or endeavors in Philadelphia who suffered harm as a result of the obstruction and closing of public ways and streets as a result of the fire which harm is different in kind from the inconvenience suffered by other members of the general public. (¶ 40e). Defendants: 1. Owner/Manager Defendants: The Complaint has designated the following defendants, collectively, as the Owner/Manager Defendants: * Richard I. Rubin & Co., Inc. (“Rubin”): It is alleged that Rubin is a corporation which managed the Building and was responsible for its safety including all fire detection, suppression and protection systems. (¶21). * Equitable Life Assurance Society of the United States (“Equitable”): It is alleged that Equitable is a mutual insurance company and an owner of One Meridian. (¶22). * E/R Associates: It is alleged that E/R Associates is a Pennsylvania partnership and an owner of One Meridian. (¶ 23). * USA One Associates: It is alleged that USA One Associates is a Pennsylvania partnership of USA One BV and USA Two BV and a general partner of E/R Associates. (¶ 24). * USA One BV: It is alleged that USA One BV is a Netherlands corporation and a general partner in USA One Associates. (¶ 25). * USA Two BV: It is alleged that USA Two BV is a Netherlands corporation and a general partner in USA One Associates. (¶ 26). * Algemeen Burgerlijk Pensioenfonds (“ABP”): It is alleged that ABP is a Dutch pension fund. (¶27). It is further alleged that USA One BV and USA Two BV are wholly owned subsidiaries of USA Holdings, BV, which is a Netherlands corporation and a wholly owned subsidiary of ABP. * Pan American Office Investments, Inc. (“Pan American”): It is alleged that Pan American is an agent, subsidiary, and/or affiliate of the other Owner/Manager Defendants and/or managed One Meridian in conjunction with Rubin. (¶ 28). * Rodin Investment Administration Company (“Rodin”): It is alleged that Rodin is an agent, subsidiary and/or affiliate of ABP, USA One BV, USA Two BV and/or USA One Associates. (¶29). * Equitable Real Estate Investment Management, Inc. (“Equitable Real Estate”): It is alleged that Equitable Real Estate is a foreign corporation and an agent, subsidiary, and/or affiliate of the other Owner/Manager Defendants and/or managed One Meridian in conjunction with Rubin. (¶ 30). * Jones Lang Wootton USA (“JLW”): It is alleged that JLW, along with Rubin, managed the Building and was responsible for its safety including its electric, sprinkler, internal hydrant and other fire protection systems. (¶ 31). * American Building Maintenance Company (“ABM”): It is alleged that ABM employed the security guards, building engineers and other personnel who were on duty at the time of the fire. 2. Balis & Co., Inc. (“Balis”): It is alleged that Balis is a corporation which occupied the office space in One Meridian where the fire started. (¶ 33). 3. Joseph F.X. Griffin (“Griffin”): It is alleged that Griffin was a construction, cleaning and/or service company hired by Balis to finish and/or refinish certain wall panels, and that Griffin left combustible and flammable solvents in Balis’ offices which started the fire. (¶ 34). 4. Penn Sprinkler Company, Inc. (“Penn Sprinkler”): It is alleged that Penn Sprinkler is a corporation which was responsible for testing the inadequate internal pump, standpipe and hydrant system in One Meridian and improperly certifying that the pressure reduction valves produced adequate water pressure when, in fact, they did not. (¶ 35). 5. Delmont Fire Protection Service, Inc. (“Delmont”): It is alleged that Delmont is a corporation which modified the Building’s standpipe system in 1988 and supplied the pressure restriction valves and pumps and/or equipment, piping, fittings and materials utilized with the standpipe system which were improperly installed and/or set such that the water supply to the Building’s fire fighting system was grossly inadequate. (¶36). 6.National Guardian Security Services Corporation (“National Guardian”): It is alleged that National Guardian is a corporation which was hired by the Owner/Manager Defendants which failed to respond to the fire alarm call and/or that they installed, maintained, and/or inspected the failed automatic dialer located in the basement of One Meridian. B. The Fire On Friday February 22 and/or Saturday, February 23, 1991, defendant Griffin, a company hired by defendant Balis to finish and/or refinish certain wall panels, left combustible and flammable solvents, including linseed oil, in Balis’ offices on the 22nd floor. (¶¶ 34, 129). Linseed oil is highly combustible and, unless stored in a proper container, will spontaneously combust. (¶ 129). Plaintiffs allege that spontaneous combustion of the flammable liquids, and/or an electrical malfunction or other ignition sparked or reached the flammable liquids or fumes created thereby, started the fire at approximately 8:00 P.M. on Saturday evening February 23, 1991. (¶ 139). The fire spread quickly on the 22nd floor due to the flammable solvents present on the floor. (¶ 141). Neither of the two security guards on duty called the fire department or National Guardian. (¶ 147). The report of the fire was first called in by a passer-by, at 8:23 P.M. (¶ 164, 165). In the basement of the Building was an automatic dialer that was designed to automatically call the fire department or National Guardian; this dialer either failed to make the call or the relay of the call from National Guardian to the fire department was delayed. (¶¶ 148, 149). This dialer was intended to meet requirements imposed by the Philadelphia Code. (¶ 148). Each floor of the Building is required to be a sealed membrane with no openings or gaps between floors, so that a fire cannot spread from floor to floor. (¶ 155). Furthermore, each floor has an electrical room, and the electrical room is supposed to be sealed off from the rest of the floor, and from the adjoining electrical rooms, so that a fire cannot breach an electrical room, but if it did, the fire could not spread from floor to floor through the electrical rooms. (¶ 157, 158). Due to a gap along the top of the north wall of the 22nd floor electrical room, and breaches in the seals between floors from the 22nd up to the 29th floor, the fire spread through the electrical fire tower, and the entire Building lost power. (¶¶ 153,162, 169). The Building’s emergency generator also failed, allegedly due to improper, inadequate and negligent inspection and maintenance and/or design and installation. (¶ 170). The firefighting efforts were hindered by the fact that there were no elevators and no lights. (¶ 171). The efforts to fight the fire were hindered further by inadequate water pressure from the standpipe hydrants on the 22nd floor. (¶ 175). This was allegedly due to the negligently installed pressure reduction valves (“PRV’s”) and because the hoses did not fit the fire hose connectors installed and inspected by Delmont and/or Penn Sprinkler and negligently maintained by the Owner/Manager Defendants. (¶ 175, 179). Additionally, the restriction and/or modulating valves attached to the 12th floor fire pump were negligently installed, inspected and maintained by Delmont and/or Penn Sprinkler, thus rendering the pump ineffective to place water with sufficient pressure and flow to the so-called indoor hydrants on the upper floors. (¶ 185). Comcast Cable-Vision, a tenant of One Meridian, had installed sprinklers at its own expense on the 30th floor. (¶ 52). These sprinklers finally contained the fire. (¶ 52). There were no sprinklers at One Meridian on the 22nd floor, where the fire started, or on the seven floors above it. (¶ 53). C. Causes of Action Count I: Negligence Per Se Plaintiffs allege that defendants violated state and local legislative and administrative enactments, and thus violated their statutory duty to adhere to these enactments. (¶¶ 227-231). Plaintiffs have demanded compensatory damages for uninsured property loss and economic harm, attorneys’ fees and punitive damages. Count II: Negligence Plaintiffs allege that defendants had a duty to plaintiffs, and that as a “direct, proximate and reasonably foreseeable result of defendants’ breach of duty,” plaintiffs have suffered substantial harm. (¶¶ 232-238). Specifically, plaintiffs’ allegations of negligence include the following: 1. The Owner/Manager Defendants negligently reconstructed, inspected and maintained the fire towers of One Meridian, including the electrical fire tower, and allowed numerous breaches of the fire towers. (¶ 76). 2. The seals between numerous floors, including the seals between the 22nd and 23rd floors and the other fire floors, were missing, allowing the fire to spread up the electrical fire tower. This allegedly constituted gross negligence on the part of the Owner/Manager Defendants. (¶ 79). 3. The Owner/Manager Defendants, Penn Sprinkler, Delmont and National Guardian violated various provisions of The Philadelphia Code and BOCA. 4. The Owner/Manager Defendants, Penn Sprinkler and Delmont: (a) Failed to properly install, inspect, maintain, service and test the PRV’s and the standpipe system, the electrical systems, elevator and/or the fire detection, prevention and fighting systems; (b) Failed to properly report the results of inspections and testing of the PRV’s, the standpipe system, the electrical systems, elevator and/or the fire detection, prevention and fighting systems; (e) Failed to take note of and report defective or malfunctioning aspects of the PRV’s, the standpipe system, the electrical systems, elevator and/or the fire detection, prevention and fighting systems, of which these defendants were aware or should have been aware; (d) Recommended the use of materials and equipment and operation of systems which they knew or should have known were not adequate to protect plaintiffs in the event of fire; and (e) Failed to recommend to the Owner/Manager Defendants or to notify plaintiffs that applicable safety statutes and regulations had not been and should be strictly adhered to. (¶ 95). 5. The Owner/Manager Defendants: (a) Failed to warn plaintiffs that the Building did not have adequate fire alarm, control or fire suppression systems; (b) Failed to warn plaintiffs that the Building was in violation of applicable laws and regulations relating to fire safety; (c) Allowed the Building to be improperly designed, redesigned, constructed and renovated without regard for statutory and regulatory requirements pertaining to fire safety, and without regard to the ready availability of relatively inexpensive fire control and suppression systems; (d) Failed to maintain adequate fire control and suppression systems, including fire seals, PRV’s, water supply, electrical, ventilation and elevator systems; (e) Refused to take action to prevent further and continuing injury to plaintiffs’ property after the fire; (f)Failed to ensure that contractors hired to install, maintain and inspect the Building’s fire control and suppression systems did so in accordance with statutory and regulatory requirements. (¶ 118). 6. Penn Sprinkler, Delmont and/or the Owner/Manager Defendants negligently installed and calibrated the PRV’s and subsequently improperly and negligently tested, inspected and maintained the PRV’s and/or caused improper certification of the PRV’s so that there was inadequate water pressure and flow in the Building and its standpipe system. (¶¶ 121-122). Plaintiffs allege that this constituted gross negligence. (¶ 122). 7. Griffin and Balis negligently left and maintained flammable solvents on the 22nd floor, which violated Chapters 5-1600, 5-1700 and 5-3100 of the Philadelphia Code which impose a duty to segregate, store and safe-keep flammable and combustible liquids, finishes and other materials and conditions tending to create fire hazards. (¶¶ 131, 132). 8. Balis failed to properly supervise Griffin. (¶ 132). 9. The Owner/Manager Defendants improperly permitted Griffin and Balis to bring these materials into the Building and to undertake this type of activity, negligently failed to inspect properly the work area, and negligently failed to supervise properly the workers who negligently left the flammable solvents on the 22nd floor, and failed to remove the flammable solvents and liquids. (¶ 133). 10. The Owner/Manager Defendants violated their duty pursuant to Chapter 5-3400 of the Philadelphia Fire Code to train their personnel in fire safety procedures. 11. ABM employees failed to investigate a strong odor on the 22nd floor (¶ 134-135), an ABM employee improperly used an elevator to determine if there was a fire on the 22nd floor (¶ 143) and ABM employees failed to notify the Philadelphia Fire Department that there was a fire in the Building. (¶ 147). Count III: Strict Liability — Ultmhazar-dous Activity Plaintiffs allege that the Owner/Manager Defendants, Delmont, Penn Sprinkler and National Guardian were engaged in an abnormally dangerous and ultrahazardous activity and therefore owed an absolute duty to plaintiffs to conduct their operations in a safe and proper manner. This alleged activity was “installing, implementing, constructing, maintaining, operating, testing and/or inspecting the fire alarm, detection, prevention, suppression, prevention [sic] and fire safety systems and/or the electrical, elevator, water, standpipe, lighting and ventilation systems.” (¶240). Furthermore, plaintiffs allege that “operating One Meridian with the above-described sixteen inch gap in the electrical fire tower at the 22nd Floor, the other breaches in the integrity of the electrical fire tower, the improperly calibrated and negligently installed, calibrated, maintained, tested and inspected PRV’s, the other numerous violations of the Philadelphia Code and BOCA as set forth above, and the failed products equipment and systems, created an ultrahazardous activity which could not be safe despite otherwise reasonable care.” (¶242). Count IV: Trespass Plaintiffs allege that all defendants’ conduct was a substantial physical invasion and trespass in that, as a result of their conduct, smoke, airborne toxins, water, falling granite and/or other Building debris or physical barriers were discharged or placed upon the property of plaintiffs who are members of, and all other members of, proposed Classes A, B and C. (¶ 244-249). Count V: Private Nuisance It is alleged that all defendants unreasonably interfered with the use and enjoyment of the property of plaintiffs, including barring access thereto and causing damage thereto from smoke, airborne toxins, water, falling granite and/or other Building debris, and the threat of other physical damage, thereby causing a private nuisance. (¶¶ 250-255). Count VI: Public Nuisance Plaintiffs allege that defendants’ conduct resulted in an unreasonable and significant interference with the right of the general public to use and traverse the public streets with safety and convenience, thereby giving rise to a public nuisance. (¶ 260). The closing and obstruction of the streets wholly and/or partly deprived plaintiffs of reasonable, safe and convenient access to their premises and/or businesses. (¶ 263). Plaintiffs also allege harm in addition to the harm suffered by the general public, in that: (a) they have been deprived of their right of reasonable, safe and convenient access by others to their premises and/or places of business; (b) they have suffered losses of profits and/or revenues which they obtain through their businesses and/or offices; (c) they have suffered loss of use and enjoyment of real and/or personal property. (¶ 266). Count VII: Punitive Damages Finally, plaintiffs allege that “the fire raged uncontrollably for nineteen (19) hours because of gross violations of building and fire codes and because even the most basic fire control and suppression systems which existed at the Building failed shortly after the fire ignited.” (¶ 271). It is further alleged that the Owner/Manager Defendants recklessly and wantonly disregarded the safety, well-being and livelihoods of plaintiffs and others by their conduct, including allowing the gap in the 22nd floor electrical room to exist, which gap allowed the fire to penetrate into the electrical fire tower, allowing the seals between floors to be missing, thereby permitting the fire to spread up the electrical fire tower, and allowing the PRV problems, as described above, to exist, thereby providing the Building with insufficient water pressure to fight the fire. (¶¶ 275, 78, 79, 122). Thus, plaintiffs request punitive damages so that others like the Owner/Manager Defendants will not “be permitted to sacrifice the lives, well-being, livelihoods and valuable property of individuals for the sake of a few more dollars in profit especially where, as here, the huge cost in life and property could have been readily avoided through the known and easily affordable means of installing new sprinklers and/or properly maintaining the existing fire detection, control and suppression systems.” (¶ 277). III. Standard of Review A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957); Rocks v. Philadelphia, 868 F.2d 644, 645 (3d Cir.1989). All well-pleaded factual allegations in the complaint must be taken as true. Cruz v. Beto, 405 U.S. 319, 322, 92 S.Ct. 1079, 1081-82, 31 L.Ed.2d 263 (1972); Rocks, 868 F.2d at 645. The court must draw all reasonable inferences from the allegations and view them in the light most favorable to the non-moving party. Rocks, 868 F.2d at 645. IV. Discussion A. Improper Demand for Damages Several paragraphs of the Complaint make reference to damages in excess of the pertinent jurisdictional amount. Defendants have moved to dismiss, or, alternatively, to strike these references. Local Rule 30 of the United States District Court for the Eastern District of Pennsylvania provides: No pleading asserting a claim for unliqui-dated damages shall contain any allegation as to the specific dollar amount claimed, but such pleadings shall contain allegations sufficient to establish the jurisdiction of the court, to reveal whether the case is or is not subject to arbitration under Local Rule 8, and to specify the nature of the damages claimed e.g., “compensatory,” “punitive,” or both. Defendants have also presented case law which establish that Pennsylvania courts have held that allegations of a sum certain in excess of the amount necessary to establish jurisdiction are immaterial, impertinent and inappropriate. See, e.g., Strick Corporation v. Penn Yan Express, Inc., 62 F.R.D. 4, 5 (E.D.Pa.1974). Plaintiffs counter that it is the assertion of a purely arbitrary figure of damages that will be stricken. See, e.g., Ryer v. Harrisburg Kohl Bros., Inc., 53 F.R.D. 404 (M.D.Pa.1971). The local rule is clear and unambiguous. It states that no pleading asserting a claim for unliquidated damages shall contain any allegation as to the specific dollar amount claimed (emphasis added). Nothing is said about the reasonableness or arbitrariness of the figure. Defendants’ motion to strike the specific sum in favor of a sum sufficient to establish this court’s jurisdiction is granted. B. Recovery for Purely Economic Loss This issue is at the core of all of the motions to dismiss. A large part of the damages that plaintiffs are demanding are for economic losses, including lost wages of employees and lost profits of businesses and individuals. Defendants argue that Pennsylvania law does not permit a plaintiff to recover economic damages in the absence of either personal injury or property damage (collectively, “physical harm” ). This is known as the economic loss doctrine. Relying on the economic loss doctrine, defendants have asked that various parts of the Complaint be dismissed: 1. All claims for economic loss by plaintiffs who allege no property damage. Plaintiffs LegXpress, Square Corp., Sunshine, and Triumphe did not allege property damage. 2. All claims for economic loss by plaintiffs who allege property damage consisting of the “physical invasion” of smoke, odor, water, or airborne toxins, or denial of access to their property. Defendants argue that this harm does not qualify as physical harm. These plaintiffs include Vinciguerra, Corcor-an, Chris’ Cafe and The Happy Rooster. 3. All claims for economic harm by all plaintiffs. In order for economic loss to be compensable, defendants argue, the economic loss must flow directly from the property damage, and no plaintiff alleged a causal relationship between the property damage pleaded and the economic harm claimed. Plaintiffs have responded with several arguments: 1. Plaintiffs have alleged causes of action which do not require physical harm to recover economic damages, namely, strict liability for the operation of an abnormally dangerous activity, malicious, wanton and intentional conduct, private nuisance, public nuisance and trespass; 2. Plaintiffs state a negligence claim for the recovery of their economic losses even in the absence of physical harm; 3. Plaintiffs who alleged physical invasion by water, smoke, airborne toxins, odor and denial of access to their property have pled sufficient physical harm to recover in negligence; and 4. Plaintiffs have alleged adequate property damage, and the relationship between the property damage and economic loss is not at issue. Within this section of this opinion, other issues raised in the various motions to dismiss will be resolved as a consequence, namely, the legal viability of the Complaint’s counts for strict liability for an abnormally dangerous activity, public and private nuisance, and trespass. 1. The Economic Loss Doctrine, Generally The Supreme Court of the United States first suggested the common law rule that no cause of action should exist for negligence that causes economic loss but no property damage in Robins Dry Dock and Repair Co. v. Flint, 275 U.S. 303, 48 S.Ct. 134, 72 L.Ed. 290 (1927). The Supreme Court revisited the economic loss doctrine in East River S.S. Corp. v. Transamerica Delaval, Inc., 476 U.S. 858, 106 S.Ct. 2295, 90 L.Ed.2d 865 (1986), and concluded that the dismissal of claims for economic loss of parties who had suffered only economic loss was a sensible restriction to the potential liability occasioned by a single event, in that case, a defective product which caused supertankers to malfunction while at sea. The Court, after analyzing a series of potential plaintiffs, all of whom were arguably foreseeable, disapproved of the potential for such widespread liability, stating that “[t]he law does not spread its protection so far.” (Id., citing Robins Dry Dock, 275 U.S. at 309, 48 S.Ct. at 135). The doctrine is meant to protect a tortfea-sor from tremendous liability for a single act. This is concisely explained by the court in Stevinson v. East Ohio Gas Co., 47 Ohio Law Abs. 586, 73 N.E.2d 200 (1946): If one who by his negligence is legally responsible for an explosion or a conflagration should be required to respond in damages not only to those who have sustained personal injuries or physical property damage but also to every one who has suffered an economic loss, by reason of the explosion or conflagration, we might well be appalled by the results that would follow. The general rule is stated in the Restatement (Second) of Torts § 766C: Negligent Interference With Contract or Prospective Contractual Relation One is not liable to another for pecuniary harm not deriving from physical harm to the other, if that harm results from the actor’s negligently (a) causing a third person not to perform a contract with the other, or (b) interfering with the other’s performance of his contract or making the performance more expensive or burdensome, or (c) interfering with the other’s acquiring a contractual relation with a third person. Furthermore, the doctrine provides a “bright line rule” which allows courts to easily determine who may recover for economic loss in lieu of making difficult foreseeability determinations. The Supreme Court cases both involved federal admiralty law, and thus are merely persuasive to Pennsylvania courts. Nonetheless, these eases have been cited with approval in Pennsylvania, and it is clear that Pennsylvania utilizes the economic loss doctrine to limit liability in tort eases. The seminal case is Aikens v. Baltimore and O.R. Co., 348 Pa.Super. 17, 501 A.2d 277 (1985). Aikens involved the claims of employees of a plant damaged by a train derailment against the railroad for lost wages. These employees had suffered no property damage or personal injury. The Superior Court held that “no cause of action exists for negligence that causes only economic loss,” and affirmed the grant of judgment on the pleadings for the defendant railroad. Id. 501 A.2d at 279. The court also expressly adopted § 766C of the Restatement. Id. Furthermore, the Ai-kens court specifically declined to adopt the rule of law in J’Aire Corp. v. Gregory, 24 Cal.3d 799, 157 Cal.Rptr. 407, 598 P.2d 60 (1979). The J’Aire court had held that “recovery for injury to one’s economic interests, where it is the foreseeable result of another’s want of ordinary care, should not be foreclosed simply because it is the only injury that occurs.” Id. 157 Cal.Rptr. at 411-412. In Moore v. Pavex, Inc., 356 Pa.Super. 50, 514 A.2d 137 (1986), a construction worker using a jackhammer ruptured a city water main. Plaintiffs, individuals and corporations doing business in the city, sought damages for losses they sustained as a result of the interruption of water service. The Superior Court upheld the lower court’s ruling that “there could be no recovery for economic loss by the plaintiffs in this case who did not suffer physical harm to property in which they had a proprietary interest.” Id. 514 A.2d at 138 (emphasis in original). In General Public Utilities v. Glass Kitchens of Lancaster, Inc., 374 Pa.Super. 203, 542 A.2d 567 (1988), corporations associated with the Pennsylvania Dutch tourist industry sought damages for economic loss due to the diminution of the number of visitors to Lancaster County caused by the Three Mile Island “nuclear incident.” The Superior Court expressly declined the opportunity to modify the economic loss doctrine as it was enunciated in Aikens. In so doing, the court stated: The concerns we recognized in Aikens apply with equal weight to [plaintiffs’] claims even though their claims arise from a nuclear generating facility accident. Our decision in Moore v. Pavex, Inc., 356 Pa.Super. 50, 514 A.2d 137 (1986), does not dictate a different result ... Importantly, then Moore reaffirmed the general rule of law that economic losses may not be recovered in tort absent any physical injury or property damage. Id. 542 A.2d at 570. Defendants argue that the rule of law illustrated by the above eases warrants dismissal of the claims for economic loss of all plaintiffs. Plaintiffs respond that under several theories of liability, including negligence, defendants can be held liable for economic loss even without allegations of property damage. 2. Strict Liability — Abnormally Dangerous Activity Plaintiffs allege that the Owner/Manager Defendants, Delmont, Penn Sprinkler and National Guardian engaged in an abnormally dangerous activity, thereby subjecting themselves to strict liability for any harm which results from that activity. Plaintiffs’ argument is twofold.. First, they argue, essentially, that operating a building, which includes maintaining fire prevention, detection and suppression systems, is an abnormally dangerous activity. Second, they argue that operating One Meridian as defendants did, with the gap in the electrical fire tower at the 22nd floor, the breaches in the integrity of the electrical fire tower, the improper maintenance of the PRV’s and violations of the Philadelphia Code, was an abnormally dangerous activity. Pennsylvania has adopted § 519 of the Restatement (Second) of Torts, which imposes strict liability on one who carnes on an abnormally dangerous activity, and § 520, which discusses the factors which determine whether an activity is abnormally dangerous for strict liability purposes. See Federoff v. Harrison Const. Co., 362 Pa. 181, 66 A.2d 817 (1949); Villari v. Terminix Int’l, Inc., 663 F.Supp. 727 (E.D.Pa.1987). This argument raises two issues: 1. Whether defendants’ “activities” as characterized by plaintiffs are, in a legal sense, abnormally dangerous; and 2. If either activity is abnormally dangerous, whether the “harm” for which defendants are strictly liable includes economic harm. §§ 519 and 520 of the Restatement read as follows: § 519. General Principle (1) One who carries on an abnormally dangerous activity is subject to liability for harm to the person, land or chattels of another resulting from the activity, although he has exercised the utmost care to prevent the harm. (2) This strict liability is limited to the kind of harm, the possibility of which makes the activity abnormally dangerous. § 520. Abnormally Dangerous Activities In determining whether an activity is abnormally dangerous, the following factors are to be considered: (a) existence of a high degree of risk of some harm to the person, land or chattels of others; (b) likelihood that the harm that results from it will be great; (c) inability to eliminate the risk by the exercise of reasonable care; (d) extent to which the activity is not a matter of common usage; (e) inappropriateness of the activity to the place where it is carried on; and (f) extent to which its value to the community is outweighed by its dangerous attributes. There simply is no support in Pennsylvania law for plaintiffs’ contentions. An activity is abnormally dangerous when it presents a high risk of harm even when performed with due care or even extraordinary care. In the first instance, the operation of the Building and its requisite safety systems is clearly an activity which, although requiring reasonable and perhaps extraordinary care, is not inherently an abnormally dangerous activity and does not present a high risk of harm when performed with due care. This is demonstrated by Matulevich v. Matulevich, 345 Pa.Super. 507, 498 A.2d 939 (1985), where the Superior Court addressed the question of whether the handling of firearms (high powered rifles) is an abnormally dangerous activity. The court concluded that it was not, stating that while it was an activity that required “extraordinary care, the want of which imposes liability based on negligence,” it was not an activity that imposed liability without a showing of negligence. Id. 498 A.2d at 941. In deciding whether an activity is abnormally dangerous, the key determination for the court is: [Wjhether the risk created is so unusual, either because of its magnitude or because of the circumstances surrounding it, as to justify the imposition of strict liability for the harm that results from it, even though it is carried on with all reasonable care. In other words, are its dangers and inappropriateness for the locality so great that, despite any usefulness it may have for the community, it should be required as a matter of law to pay for any harm it causes, without the need of a finding of negligence. Albig v. Municipal Authority of Westmoreland County, 348 Pa.Super. 505, 502 A.2d 658, 689 (1985) (quoting Restatement, § 520 Comment (f)). This discussion clearly contemplates an activity which has some societal usefulness, but carries with it inherent, unavoidable hazards. In this case, as plaintiffs themselves suggest, the risks could have been avoided by the exercise of reasonable care. Accordingly, strict liability is inappropriate for the “activity” of operating a building. Taking it one step further, plaintiffs also contend that the manner in which defendants operated the Building made it an abnormally dangerous activity. This, however, is just a reiteration of plaintiffs’ claims that defendants operated the Building negligently. Doing anything in an unreasonable and unsafe manner, as plaintiffs have alleged defendants have done with the maintenance and operation of the Building, will result in an abnormally dangerous situation, as the term is used in a non-legal sense. However, plaintiffs’ wordplay does not bring this case within the scope of the principle of strict liability. Plaintiffs’ allegations rest on the notion that defendants failed to exercise care. This is clearly a negligence concept. A strict liability claim can be stated only if the activity itself, and not the manner in which the activity is performed, is abnormally dangerous. Pennsylvania cases which have imposed strict liability for abnormally dangerous activities are clearly distinguishable. In Bumbarger v. Walker, 193 Pa.Super. 301, 164 A.2d 144 (1960) the court imposed strict liability for blasting, and in Lutz v. Chromatex, Inc., 718 F.Supp. 413 (M.D.Pa.1989) the court found that the storage of hazardous waste could be the basis of a strict liability claim. These activities serve a legitimate purpose but carry with them risks which cannot be averted even with reasonable care. This case is also distinguishable from the few cases plaintiffs have offered in support of their arguments. In Lubin v. Iowa City, 257 Iowa 383, 131 N.W.2d 765 (1964), the court considered the operation and maintenance of an underground water main to be an abnormally dangerous activity because the city chose to utilize the practice of burying cast iron pipe six feet underground. In using that method, there was no reasonable way to inspect the pipe; the city had to wait for breaks to occur in the pipes to call attention to problems. The court found that since the city chose to use this method to cut down maintenance costs, they also had to pay “the cost of doing business in this manner.” Id. at 392, 131 N.W.2d at 771. In addition to Lubin, plaintiffs cite Sun Pipe Line Co. v. Tri-State Telecommunications, Inc., 45 Pa.D. & C.3d 135 (1986) in their memorandum. However, this case was reversed sub nom, Melso v. Sun Pipe Line Co., 394 Pa.Super. 578, 576 A.2d 999 (1990), app. den., 527 Pa. 667, 593 A.2d 842 and app. den., Sun Pipe Line Co. v. E.A. Designs, Ltd., 527 Pa. 668, 593 A.2d 843 (1991); the court held that the operation and maintenance of a petroleum pipeline under a housing development is not an abnormally dangerous activity. The lower court had held that this activity was abnormally dangerous; the reversal of this holding refutes in the most convincing possible way that plaintiffs’ reliance on it is misplaced. The Sun Pipe Line Co. case is similar to the Lubin case and thus rejects the Lubin court’s reasoning. Furthermore, the Lubin ease is distinguishable in that broken pipes were an inevitable and accepted part of the method of maintaining the water main as Iowa City did; it is fair that Iowa City bear the costs. In this case, a fire and its rampant spread was certainly not inevitable or accepted; if defendants are to be liable, some fault must be proven. Furthermore, even if either “activity” is an abnormally dangerous one for strict liability purposes, this does not allow plaintiffs to avoid the economic loss doctrine. Plaintiffs have attempted to make a distinction between the definitions of “harm” and “physical harm” in the Restatement. Section 7 of the Restatement defines the two terms: § 7. Injury and Harm. (2) The word “harm” is used throughout the Restatement [of Torts] to denote the existence of loss or detriment in fact of any kind to a person resulting from any cause. (3) The words “physical harm” are used throughout the Restatement [of Torts] to denote the physical impairment of the human body, or of land and chattels. Plaintiffs contend that since § 519 uses the word “harm” instead of the phrase “physical harm,” economic losses must be included within the allowable recovery for strict liability (“One who carries on an abnormally dangerous activity is subject to liability for harm to the person, land or chattels of another resulting from the activity ... ”). However, the court in In Re TMI Litigation Governmental Entities Claims, 544 F.Supp. 853 (M.D.Pa.1982), vacated on other grounds, Pennsylvania v. General Public Utilities Corp., 710 F.2d 117 (3d Cir.1983) considered this very issue and held that § 519 of the Restatement requires physical harm or property damage to recover in strict liability. Judge Rambo specifically considered the scope of the term “harm” as used in § 519: The statement of the law itself would seem to answer plaintiffs contention. Harm to “person, land or chattels” is a necessary element of the cause of action. Any additional damages, such as economic loss ... would have to flow from or be attendant upon the existence of one of the three enumerated harms. Id. 544 F.Supp. at 858. Furthermore, it is not the possibility of economic harm which makes an activity such as blasting or storing hazardous waste dangerous; it is the possibility of physical harm. Thus, even if plaintiffs did state a claim for carrying on an abnormally dangerous activity, economic losses would still not be recoverable. Accordingly, I find that plaintiffs cannot circumvent the economic loss doctrine by its allegations of strict liability based on an abnormally dangerous activity. Count III of the Complaint is dismissed altogether. 3. Allegations of Malicious, Wanton and Intentional Conduct Plaintiffs argue that “[t]he law imposes a different scope of liability on defendants who intentionally engage in misconduct and does not require a showing of physical harm as a prerequisite to recovery.” Plaintiffs’ Memorandum at 40. Plaintiffs cite §§ 766, 766A and § 766B of the Restatement in support of this argument. These sections state, essentially, that intentional interference with the performance of a contract by a third person (§ 766), intentional interference with another’s performance of his own contract (§ 766A), and intentional interference with prospective contractual relations (§ 766B) may subject the person who interferes with the contractual relations to liability for the resulting pecuniary loss. In order to state a prima facie case for interference with prospective contractual relations, a plaintiff must show a prospective contractual relationship, the purpose or intent to harm by preventing the relationship from occurring, the absence of privilege or justification and actual harm or damage as a result of the conduct. Gordon v. Lancaster Osteopathic Hosp. Asso., 340 Pa.Super. 253, 489 A.2d 1364, 1370 (1985), citing Glenn v. Point Park College, 441 Pa. 474, 272 A.2d 895 (1971), quoting Restatement § 766. It is clear from these cases (both of which were cited by plaintiffs) that the “intentional” conduct required to state a claim for this cause of action is intentional interference with the contractual relationship, that is, the defendant must have an objective of interference. In Gordon, the court held that plaintiff did state a claim for intentional interference with prospective contractual relations; the defendant doctors had written letters to the executive board of the defendant hospital expressing a lack of confidence in the plaintiff doctor’s abilities and their desire to replace him. By contrast, in Glenn, the defendant negotiated to buy a property directly from its owner after having learned the much of the necessary information from a real estate broker. The real estate broker, having been bypassed and thus denied a commission, sued for intentional interference with prospective contractual relations. The broker lost, in part because they failed to allege defendant’s specific intent to harm the broker. Id. 272 A.2d at 899. The court stated: It must be emphasized that the tort we are considering is an intentional one: the actor is acting as he does for the purpose of causing harm to the plaintiff ... The lower court stated in its opinion that ‘There is no allegation that the defendant acted for specific purpose of causing harm to the plaintiffs.’ We agree ... It thus does not meet the test of ... the Restatement. Id. (emphasis in original). As in the above cases, there is no allegation that the defendants acted with the intent to interfere with any contractual relations or the purpose of causing harm to the plaintiff. Plaintiffs have alleged that defendants, particularly the Owner/Manager Defendants, were willing to tolerate fire hazards in order to avoid the expense of upgrading the fire safety equipment, and that these defendants knew or should have known that a devastating fire was likely to occur. Despite plaintiffs’ conclusory allegations that defendants’ conduct was thus “intentional,” this is not the same intent that is necessary to make out a prima facie case of intentional interference with contractual relations. Additionally, it is interesting to note that the next section of the Restatement, sequentially, beyond the three sections plaintiffs cited in support of this argument, is § 766C, which, as stated above, expresses the general rule of the economic loss doctrine. The difference between §§ 766, 766A, 766B and 766C is the state of mind required to attach liability. Plaintiffs have not alleged the requisite state of mind to invoke §§ 766, 766A or 766B. Accordingly, I find that plaintiffs cannot use this cause of action to circumvent the economic loss doctrine. Since plaintiffs did not assert this as a separate count, however, there is nothing to dismiss. 4. Private Nuisance Plaintiffs assert that a private nuisance legal theory does not require physical harm to recover economic damages. Once again, plaintiffs rely on the Restatement. Section 822 states the elements of liability for private nuisance: One is subject to liability for a private nuisance if, but only if, his conduct is a legal cause of an invasion of another’s interest in the private use and enjoyment of land, and the invasion is either (a) intentional and unreasonable, or (b) unintentional and otherwise actionable under the rules controlling liability for negligent or reckless conduct, or for abnormally dangerous conditions or activities. Plaintiffs offer the case of Puritan Holding Co. v. Holloschitz, 82 Misc.2d 905, 372 N.Y.S.2d 500, 501 (1975) in support of their argument that purely economic recovery is allowed despite the absence of physical injury in a cause of action for private nuisance (“Every person who suffered actual damages, whether direct or consequential, from a nuisance, might maintain an action for his own particular injury.”). There is direct Pennsylvania authority to the contrary, however. See, e.g., Moore v. Pavex, Inc., 356 Pa.Super. 50, 514 A.2d 137 (1986); General Public Utilities v. Glass Kitchens of Lancaster, Inc., 374 Pa.Super. 203, 542 A.2d 567 (1988). In Moore, the Superior Court rejected plaintiffs claims that “the law of private nuisance supports their recovery for economic harm.” Moore, 514 A.2d at 138. The court stated, generally, that “expectancies of liability cannot flow beyond the persons or property injured, for economic losses only, without creating interminable chains of remote consequences and imponderable issues of liability and damages.” Id. 514 A.2d at 140. In Glass Kitchens, the court even more emphatically stated that “the general rule of law [is] that economic losses may not be recovered in tort absent any physical injury or property damage.” 542 A.2d at 570 (emphasis added). Most importantly, the arguments underlying Pennsylvania’s adoption of the economic loss doctrine would be severely undermined if plaintiffs could circumvent the doctrine with creative pleading, such as the use of a private nuisance theory in lieu of negligence. The Aikens court discussed those underlying ai'guments: [A]llowance of a cause of action for negligent interference with economic advantage would create an undue burden upon industrial freedom of action, and would create a disproportion between the large amount of damages that might be recovered and the extent of the defendant’s fault. See Restatement (Second) of Torts Sec. 766C, comment a (1979). To allow a cause of action for negligent cause of purely economic loss would be to open the door to every person in the economic chain of the negligent person or business to bring a cause of action. Such an outstanding burden is clearly inappropriate and a danger to our economic system. Aikens, 501 A.2d at 279. The logic of this rule does not change merely because the underlying tort is private nuisance instead of negligence. Defendants also contend, correctly, that to recover for private nuisance the nuisance must be intentional or be “otherwise actionable” under theories of negligence, strict liability or reckless conduct. As discussed above, defendants’ conduct was not intentional, and economic losses are not recoverable under negligence, strict liability or reckless conduct theories. Thus, on this threshold level, plaintiffs do not state a claim for recovery of economic losses under a private nuisance theory. Additionally, defendants have raised the argument that plaintiffs do not allege a sufficient property interest to state a cause of action for private nuisance. Specifically, Dembowski, Grandy, Crumlish, Allen, Atlee and Triumphe do not allege any interest in real property. Plaintiffs argue that this ignores “the expansive view which both the Restatement and the courts of Pennsylvania apply to the property interest requirement of private nuisance.” Plaintiffs Memorandum at 68. Section 821E of the Restatement, entitled “Who Can Recover for Private Nuisance,” states: For a private nuisance there is liability only to those who have property rights and privileges in respect to the use and enjoyment of the land affected, including (a) possessors of the land, (b) owners of easements and profits in the land, and (c) owners of nonpossessory estates in the land that are detrimentally affected by interferences with its use and enjoyment. Possessors of land are defined in Restatement § 328E , which reads: § 328E. Possessor of Land Defined. A possessor of land is (a) a person who is in occupation of the land with intent to control it, or (b) a person who has been in occupation of land with intent to control it, if no other person has subsequently occupied it with intent to control it, or (c) a person who is entitled to immediate occupation of the land, if no other person is in possession under Clauses (a) and (b). The official comments to Restatement § 821E indicate that an individual with any possessory estate can recover in private'nuisance (Comment (c)), that occupancy is a sufficient interest (Comment (d)), and that owners of an easement have a sufficient interest as well (Comment (e)). Based on this analysis, plaintiffs assert that all plaintiffs who were landlords, tenants, sole proprietors, service contractors and even employees in the affected area had a sufficient degree of control over their work area to justify a claim in nuisance. See Plaintiffs Memorandum at 71 (analogizing employees to family members of possessors of land who qualify to bring a claim for nuisance as “occupants,” as discussed in Comment (d) to Restatement § 821E). There is nothing to indicate that Pennsylvania has adopted these sections of the Restatement. Furthermore, I do not believe that Pennsylvania courts would take such a broad view of “possessor of land.” Accordingly, I hold that the only plaintiffs who have a sufficient interest in property to bring a private nuisance claim are Ejay, Regent Shoes, LegXpress, Square Corp., Vinciguer-ra, Corcoran, Sunshine, Royal Bank, Chris’ Cafe and the Happy Rooster, as they all leased space which was allegedly the subject of the private nuisance. Nonetheless, these plaintiffs cannot recover for economic loss resulting from the nuisance. No other plaintiff has a sufficient interest in property and therefore none can bring a private nuisance claim at all. 5. Public Nuisance Plaintiffs argue that the economic loss doctrine is a negligence concept which does not apply to claims of public nuisance. Section 821B of the Restatement defines public nuisance as follows:. (1) A public nuisance is an unreasonable interference with a right common to the general public. (2) Circumstances that may sustain a holding that an inter