Foster v. Erie Insurance Exchange

DAGHIR, P.J.,

FACTS

On September 14, 1984, plaintiffs decedent was killed while working in an excavation ditch for the St. Marys Water Authority on the berm of Legislative Route 120, a public, state highway.

A backhoe (excavation/ditch-digging apparatus) was in use at the time when the walls of the excavation collapsed, killing decedent who, at the time, had a valid effective contract of no-fault motor vehicle insurance with defendant. (40 P.S. §1009.101, et seq. — now repealed, hereinafter designated as the “No-fault Act” or the “act”.) Decedent, at the time of the collapse, was in the…