Cooper v. Franko

ACKERMAN, J.,

After a trial by jury, a verdict was entered in favor of the defendants, *46Joseph Franko and Lehigh Concrete Pumping Service Inc., and against the plaintiff, Mark Cooper.

The jury specifically found that defendant, Joseph Franko, was not an employee of defendant, Lehigh Concrete Pumping Service Inc., at the time of the alleged negligence. Since the jury, in effect, thus found that defendant, Joseph Franko, was a fellow employee of the plaintiff, Mark Cooper, at the time of the incident, as a matter of law there could be no recovery against defendant, Joseph Franko, because the…