O'Donnell v. R.M. Shoemaker & Co.

¶ 1 At issue in this case is whether an injured worker may recover in tort from an employee of the injured worker’s statutory employer or whether such recovery is limited to benefits under the Pennsylvania Workers’ Compensation Act (Act), 77 P.S. §§ 1-2626. In granting a motion for summary judgment in favor of Appellees R.M. Shoemaker & Company, Fluidics, Inc. (hereinafter Fluidics), and Jerome Penn, the trial court concluded that James and Linda O’Donnells’ sole remedy was limited to the Act. On appeal, the O’Donnells do not dispute that recovery for James O’Donnell’s injuries as to R.M.…