Reed v. Hartford Accident & Indemnity Company

MEMORANDUM AND ORDER

JOSEPH S. LORD, III, Chief Judge.

This is a diversity action. Defendant has moved to dismiss under F.R.Civ.P. 12(b). Defendant asserts that plaintiff’s complaint fails to state a claim upon which relief can be granted and that this court is without jurisdiction to entertain the complaint in that the claims alleged arise exclusively under the Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736 as amended, 77 P.S. § 1 et seq. (“Act”). For the reasons below, we deny defendant’s motion.

Plaintiff alleges and defendant does not deny that plaintiff was injured…