Iandiorio v. Kriss & Senko Enterprises, Inc.

OPINION OF THE COURT

LARSEN, Justice.*

The question for our consideration in this appeal is whether an employer who has instructed his employees to take their coffee breaks and to smoke in only one area of a job site may be held liable for injuries to a third party who entered the designated smoking area wearing gasoline drenched clothing and was burned when an employee struck a match to light a cigarette, and, specifically, whether the lower court erred in ruling, as a matter of law, that an employer cannot be held liable in such circumstances.

The Court of Common Pleas of Allegheny County…