Werner v. Big Sky Shop

MEMORANDUM and ORDER

SHAPIRO, District Judge.

Before the court is a motion for summary judgment filed by defendant Turner-Bush, Inc. (“Turner-Bush”) claiming immunity from suit by plaintiff John A. Werner, Jr. (“Werner”) as a “statutory employer” under the Pennsylvania Workmen’s Compensation Act of June 2, 1915, as amended in 1974, 77 P.S. §§ 1-1031 (the “Act”), and from liability on the cross-claim of co-defendant The Big Sky Shop (“Big Sky”) for indemnity, under § 303 of the Act as amended, 77 P.S. § 481(b).

The court finds that Turner-Bush is a “statutory employer” under the Act and is…