Wendler v. Design Decorators2/26/2001
1 This is an appeal from the order entered in the Court of Common Pleas of Philadelphia County granting summary judgment in favor of Design Decorators, Inc., and Salvatore Bonafino (collectively Appellees) and specifically dismissing all claims and cross-claims with prejudice. On appeal, Veronica C. Wendler, administratrix of the estate of William Bauer, alleges that summary judgment was improperly granted since (1) the Pennsylvania Workers' Compensation Act (PWCA) violates the Privilege and Immunities Clause, (2) the PWCA violates the Due Process and Equal Protection Clause, and (3) Appellees recklessly/willfully disregarded federal workplace safety standards, thereby creating an exception to the exclusivity provision of the PWCA. We affirm.
2 Our scope of review is plenary when reviewing the propriety of a lower court's entry of summary judgment. Schriver v. Mazziotti, 638 A.2d 224 (Pa.Super. 1994). Pursuant to Pennsylvania Rule of Civil Procedure 1035.2, summary judgment shall be rendered whenever (1) there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law, or (2) the adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action. We must examine the entire record in the light most favorable to the non-moving party and resolve all doubts against the moving party when determining if there is a genuine issue of material fact. Schriver, supra.
3 The parties agree that there is no genuine issue of material fact and that the pertinent facts are as follows: In October, 1995, William Bauer, a single twenty-two-year-old male, took a seasonal job with Appellee Design Decorators, Inc. (Design Decorators), hanging holiday decorations. On November 25, 1995, at approximately 8:00 p.m., Mr. Bauer was hanging decorations with the aid of another employee, Joseph Igielski, via a lift truck. Mr. Bauer stood in the aerial bucket while Mr. Igielski drove the lift truck. At some point, Mr. Igielski attempted to drive the truck, with the lift bucket raised, under a railroad bridge. Mr. Bauer, who was standing in the bucket facing forward, struck the bridge with his body before the lift bucket hit the bridge. Mr. Bauer snapped backwards, thereby breaking his back, and the lift bucket tilted backwards, resulting in the trapping of Mr. Bauer's legs. Mr. Bauer then fell approximately thirteen feet to his death.
4 After various investigations conducted by the Occupational Safety and Health Administration (OSHA), Design Decorators was cited for willful violations of the OSHA regulations. Subsequently, Mr. Bauer's mother, Veronica Wendler, filed a complaint on November 21, 1997, against Design Decorators and Salvatore Bonafino, the president of Designer Decorators, as administratrix of Mr. Bauer's estate. In the complaint, Mrs. Wendler sued for the wrongful death of her son and a survival action on his behalf. Specifically, Mrs. Wendler alleged that Appellees intentionally failed to train Mr. Igielski with regard to the operation of the truck, and Appellees' actions were grossly negligent and/or negligent.
5 On December 15, 1997, Appellees filed preliminary objections alleging, inter alia, that Mrs. Wendler's action was barred by the PWCA since her son's death occurred during the course of his employment. On January 26, 1998, Appellees' preliminary objections were overruled, and Appellees were ordered to file an answer. On July 2, 1998, Appellees filed the required answer.
6 On August 2, 1999, Appellees filed a motion for summary judgment alleging that Mrs. Wendler's action was barred by the PWCA. Following a hearing held on January 18, 2000, the tria
Page 1 2 3 4 Pennsylvania Employee Leasing Services
Employee Leasing Services
|