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EMC CO. v. BOILER ERECTION AND REPAIR CO.

Nos. 2328 Eastern District Appeal 2005, 1582 Eastern District Appeal 2007.

964 A.2d 381 (2008)

EMPLOYERS MUTUAL CASUALTY CO., Appellant v. BOILER ERECTION AND REPAIR CO., Inc., Kenneth Klinger and, Kenneth Kerr. Kenneth R. Kerr, Appellant v. Boiler Erection and Repair Company, Inc. and Kenneth James Klinger.

Superior Court of Pennsylvania.

Filed December 12, 2008.

Reargument Denied February 17, 2009.

Attorney(s) appearing for the Case

Anthony R. Sherr, Blue Bell, for Employers Mutual.

James M.P. Turner, Philadelphia, for Kerr.

David A. Baun, Doylestown and Francis T. McDevitt, Marlton, NJ, for Boiler Erection.

BEFORE: FORD ELLIOTT, P.J., ALLEN and KELLY, JJ.

OPINION BY FORD ELLIOTT, P.J.:

¶ 1 These consolidated appeals stem from a single-vehicle accident that occurred on August 30, 2001, on Interstate 95 outside of Baltimore, Maryland. Kenneth James Klinger ("Klinger") was the driver of the vehicle, a pick-up truck owned by Boiler Erection and Repair Co., Inc. ("Boiler Erection"). Both Klinger and Kenneth R. Kerr ("Kerr"), the passenger, were employees of Boiler Erection and sustained serious injuries as a result...

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