 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Kenney v. Jeanes Hospital2/21/2001
Raymond and Clare Kenney appeal from the June 29, 2000 Order granting summary judgment in favor of appellee, Barclay White, Inc.
Appellants initiated this personal injury case after Raymond Kenney sustained a 1992 work-related injury. The following parties were named as defendants in the action: Jeanes Hospital, Barclay White, Inc., Operating Engineers Local 542 and Metropolitan Contract Carpets, Inc. Prior to issuance of the June 29, 2000 Order, the case was disposed of with respect to all the above-named defendants, with the exception of appellee, Barclay White, Inc.
In October 1990, the Hospital contracted with Barclay White, a general contractor, for the construction of a new building on the Hospital's property. Barclay White hired Metropolitan as a subcontractor for that project. Kenney worked for Metropolitan. On January 17, 1992, Kenney suffered a back injury while loading a roll of carpet onto an elevator at the construction site.
The Kenneys [appellants] subsequently filed a personal injury action[.]
In 1996, Barclay White filed a Motion for Partial Summary Judgment, arguing that it was Kenney's statutory employer and, therefore, that it was immune from tort liability to Kenney pursuant to the exclusivity provision of Pennsylvania's Workers' Compensation Act. See 77 Pa.C.S.A. ยง 52. The trial court granted Barclay White's Motion on October 10, 1996 without issuing an opinion.
The Hospital then filed a Motion for Summary Judgment on July 14, 1997, arguing that it had relinquished exclusive control over the construction site to Barclay White when it contracted with Barclay White for the construction of the new building, and that the Hospital, therefore, was not liable for Kenney's injuries. The trial court granted the Hospital's Motion on June 19, 1998. Kenney v. Jeanes Hospital et al., 747 A.2d 425 (Pa. Super. 1999)(unpublished memorandum at 2-3)(Kenney I). Similarly, both Operating Engineers Local 542 and Metropolitan Contract Carpets, Inc. have been awarded summary judgment and dismissed from the case.
In Kenney I, this Court affirmed the grant of summary judgment in favor of Jeanes Hospital but reversed the grant of summary judgment in favor of appellee, Barclay White, and remanded the case for further proceedings. Upon review of the record and in accordance with Lascio v. Belcher Roofing Corp., 704 A.2d 642 (Pa. Super. 1997)(Lascio I), this Court held as follows:
Given Barclay White's contractual insistence that Kenney was an independent contractor and not an employee 'for purposes whatsoever,' the trial court was incorrect to rule as a matter of law that Kenney, contrary to Barclay White's prior assertion, was an employee and not an independent contractor. Based on the clear authority of Lascio, we conclude that the independent contractor clause in Barclay White's subcontract creates a genuine issue of material fact as to Kenney's employment status that only can be resolved by a finder of fact. Kenney I, supra at 6.
On remand, additional discovery was undertaken and appellee again moved for summary judgment. The trial court found that there is no genuine issue regarding "the fact that [Barclay White] was the statutory employer of [Kenney] at the time of the accident and that any claims against [Barclay White] are barred by the statutory employers defense of the Pennsylvania Workers Compensation Act." (Trial Court Opinion, Ackerman, J., 8/2/00 at 4.) This timely appeal followed.
Appellants raise the following questions for our review.
I. Did the Superior Court previously decided the same issues now raised by. . .Barclay White, Inc., in this, its second mot
Page 1 2 3 4 Pennsylvania Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|