Light v. General Battery Corp.

I agree with the majority’s affirmance of the Philadelphia County Common Pleas Court’s dismissal of the appellant’s petition seeking a declaratory judgment and had I ad*261dressed the merits I would have resolved them in exactly the same manner; however, I do not believe that it was necessary for us to reach the merits as the declaratory judgment action should have been dismissed outright by the trial court. The subrogation issue which is the subject of this declaratory judgment action was already resolved by a workmen’s compensation referee and was pending appeal before the Workmen’s…