Butler v. Pennsylvania Assigned Claims Plan

STRANAHAN, P.J.,

Albert W. Butler, husband of plaintiff Priscilla Butler, was fatally injured on September 23, 1982. At the time of his injury, Mr. Butler was employed by and per*326forming duties for George Simon Brothers. Mr. Butler was standing on the flatbed portion of a truck owned by his employer, assisting in the loading of scrap metal with a crane. The crane was being operated by a coworker, Earl Hudspeth.

Just prior to Mr. Butler’s fatal injury, he was hit on the head by a piece of scrap metal which had fallen from the crane. However, the cause of death reported by the coroner was…