LIGHT v. GENERAL BATTERY CORP.


398 Pa.Super. 255 (1990)

580 A.2d 1337

Donald S. LIGHT, Appellant, v. GENERAL BATTERY CORPORATION, CT Corporation System and American Casualty Company of Reading C/O CNA Insurance, Appellees.

Supreme Court of Pennsylvania.

Filed August 13, 1990.

Reargument Denied October 19, 1990.


Attorney(s) appearing for the Case

Joseph Lurie, Philadelphia, for appellant.

James M. Marsh, Philadelphia, for appellees.

Before McEWEN, OLSZEWSKI and KELLY, JJ.


OLSZEWSKI, Judge:

Donald Light appeals from the trial court's order sustaining appellees' preliminary objections in this action concerning an employer's subrogation rights under Section 319 of the Workmen's Compensation Act. The trial court found as a matter of law that an employer is entitled to subrogation when the employee receives a settlement from a third party, even if there has been no adjudication of the third party's liability and the third party denies liability...

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