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KELLY v. CARBORUNDUM CO.

307 Pa.Super. 361 (1982)

453 A.2d 624

David F. KELLY and Patricia Ann Kelly, his wife v. The CARBORUNDUM COMPANY, a corporation, Appellant, v. WILLSON PRODUCTS, A DIVISION OF E.S.B. INDUSTRIES, INC.; Power Piping Company; Murphy Industries Corporation; Reed Tool Company; and Baker International Corporation.

Superior Court of Pennsylvania.

Filed November 30, 1982.

Appeal Granted and Order Affirmed February 6, 1984.

Attorney(s) appearing for the Case

John E. Kunz, Pittsburgh, for appellant.

Linda Pretz, Pittsburgh, for appellees.

Before CERCONE, President Judge, and CAVANAUGH, ROWLEY, WIEAND, McEWEN, CIRILLO and MONTEMURO, JJ.

WIEAND, Judge:

In an action by an employee against a third party tortfeasor, may the employer be joined either as an additional defendant or as an involuntary plaintiff for the purpose of apportioning negligence under the Comparative Negligence Act?1 The trial court held that joinder under either procedure was improper. We affirm.

David F. Kelly, an employee of Power Piping Company, was injured when an abrasive grinding wheel attached...

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