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GILLETTE v. WURST

937 A.2d 430 (2007)

Debbie GILLETTE, Individually and as Administratrix of the Estate of John Gillette, Deceased v. Catherine WURST, as Parent and Guardian of Andrew Wurst, a Minor, Jerome J. Wurst and Catherine Wurst, and J.J. Wurst Landscape Contractor, Inc. Jacob Tury, a Minor, by and through his Parents and Legal Guardians, Joe Tury and Noreen Tury, and Joe Tury and Noreen Tury, Individually v. Jerome Wurst and Catherine Wurst Appeal of Utica National Insurance Group and General McLane School District.

Supreme Court of Pennsylvania.

Decided December 28, 2007.

Attorney(s) appearing for the Case

George Joseph, Quinn, Buseck, Leemhuis, Toohey & Kroto, Inc, Erie, for Utica Nat. Ins. Group and General McLane School Dist., appellant.

Mark Charles Schultz, Cozen O'Connor, Philadelphia, for Nat. Ass'n of Subrogation Professionals, appellant amicus curiae.

Alan John Natalie, Alan J. Natalie, Atty. at Law, P.C., for Andrew Wurst, appellee.

Charles V. Longo, Charles V. Longo Co., L.P.A., Beachwood, OH, for Debbie Gillette and John Gillette. appellees.

William Van Scyoc, for Joe Tury, Noreen and Jacob Tury, appellees.

Robert Eugene Dapper, Douglas J. Stipanovich, Dapper, Baldasare, Benson, Behling & Kane, Pittsburgh, for Jerome and Catherine Wurst, appellees.

Fred Harold Hait, Smigel, Anderson & Sacks, L.L.P., Harrisburg, for Pa. Trial Lawyers' Ass'n, appellee amicus curiae.

BEFORE: CAPPY, C.J., CASTILLE, NEWMAN, SAYLOR, EAKIN, BAER and BALDWIN, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

Justice EAKIN.

John Gillette, a middle school teacher, was shot and killed by a student, Andrew Wurst, while chaperoning an eighth-grade dance. Wurst also shot another student, Jacob Tury, who survived without permanent injury. Appellant Utica National Insurance Group is the workers' compensation provider for General McLane School District, where the decedent worked and was killed. Utica paid fatal claim...

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