HECKENDORN v. CONSOL. RAIL CORP.


293 Pa.Super. 474 (1981)

439 A.2d 674

Fred M. HECKENDORN and Mary Anne Heckendorn, his wife, Plaintiffs, v. CONSOLIDATED RAIL CORPORATION, Defendant-Appellant, v. EVANS PRODUCTS COMPANY, Additional Defendant, and The Carnation Company, Additional Defendant and Appellee.

Superior Court of Pennsylvania.

Filed October 9, 1981.

Reargument Denied February 9, 1982.

Petition for Allowance of Appeal Granted April 27, 1982.


Attorney(s) appearing for the Case

David C. Eaton, Harrisburg, for defendant-appellant.

Thomas J. Williams, Carlisle, for Carnation Co.

Before PRICE, WIEAND and LIPEZ, JJ.


WIEAND, Judge:

The difficult issue in this appeal is whether, in an action by an employee against a third party tortfeasor, the employer can be joined as an additional defendant for the purpose of apportioning negligence under the Comparative Negligence Act. The trial court held that joinder was barred by Section 303 of the Workmen's Compensation Act, as amended,1 and dismissed the...

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