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WHIRLEY INDUSTRIES, INC. v. SEGEL

316 Pa.Super. 75 (1983)

462 A.2d 800

WHIRLEY INDUSTRIES, INC., Appellant, v. Leatrice G. SEGEL and Harry C. Segel, Her Husband, and Segel & Son, Inc., Jointly and Individually.

Supreme Court of Pennsylvania.

Filed July 1, 1983.

Attorney(s) appearing for the Case

David W. Swanson, Warren, for appellant.

Will J. Schaaf, Erie, for appellees.

Joseph T. Messina, Erie, for participating party.

Before BECK, MONTEMURO and POPOVICH, JJ.

PER CURIAM:

In this case of first impression, appellant Whirley Industries, Inc. seeks to recover the increased costs of Workers' Compensation insurance premiums resulting from benefits paid by Whirley's insurer to Whirley's employee, to compensate the employee for injuries sustained due to negligence of the third party tortfeasor. The lower court sustained a demurrer by appellee Leatrice G. Segal, the party whose negligence caused the injuries, and we affirm.

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