Kelpfer v. Joyce

GOURLEY, Chief Judge.

In this suit for damages stemming from an accident in which plaintiff sustained most serious injuries, defendant moves for summary judgment for the reason that defendant at the time of accident was plaintiff’s statutory employer which renders said action barred by the provisions of the Pennsylvania Workmen’s Compensation, 77 P.S.Pa. § 52.

The following facts are not in dispute:

The named defendant .had entered into a written contract with the New York State Gas Company in connection with certain pipeline construction for said Company. All payments under the terms and…