Burke v. Duquesne Light Co.

Dissenting Opinion by

Jacobs, J.:

I respectfully dissent.

The law, as I am able to distill it from the spattering of cases in this area, is not so generous to the nonemployer-defendant as the majority would suggest.

“The great majority of jurisdictions have held that the employer whose concurring negligence contributed to the employee’s injury cannot be sued or joined by the third party as a joint tortfeasor, whether under contribution statutes or at common law.” 2 A. Larson, Workmen’s Compensation Law §76.21 at 235 (1974). See Note, Contribution and Indemnity: The Effect of Workmen’s…