Messier v. Smith

OLER, J,

This case is an action for damages based on negligence arising out of a two-car collision in which Deborah E. Smith, defendant, was the driver of one of the vehicles and Steven A. Messier, decedent, was her passenger. Presently before the court is defendant-Smith’s motion for summary judgment. *131She alleges that because plaintiff applied for, received, and continues to receive Pennsylvania Workers’ Compensation benefits, this is her sole and exclusive remedy. Thus, defendant-Smith requests this court to enter judgment in her favor as a matter of law. For the reasons stated in this…