O'DONNELL v. R.M. SHOEMAKER & CO.


816 A.2d 1159 (2003)

James O'DONNELL & Linda O'Donnell, Appellants v. R.M. SHOEMAKER & CO. and Fluidics, Inc. and Jerome Penn, Appellees.

Superior Court of Pennsylvania.

Filed February 3, 2003.


Attorney(s) appearing for the Case

James A. Hamilton, Philadelphia, for appellants.

Thomas E. Butler, Philadelphia, for appellees.

Before: McEWEN, P.J.E., STEVENS, J., and OLSZEWSKI, J.


STEVENS, J.

¶ 1 At issue in this case is whether an injured worker may recover in tort from an employee of the injured worker's statutory employer or whether such recovery is limited to benefits under the Pennsylvania Workers' Compensation Act (Act), 77 P.S. §§ 1-2626. In granting a motion for summary judgment in favor of Appellees R.M. Shoemaker & Company, Fluidics, Inc. (hereinafter Fluidics), and Jerome Penn, the trial court concluded that James...

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