Stewart v. Uryc

Opinion by

Hoffman, J.,

The narrow issue presented by this appeal is whether the facts of record establish that the minor plaintiff was an employee of the defendant-appellee at the time he was injured. The lower court held that the record revealed the existence of an employer-employee relationship, thus precluding the minor plaintiff from suing in trespass.1 Consequently, the court granted appellee’s motion for summary judgment, pursuant to Rule 1035, Pa.R.C.P.

*260The basic facts are not in dispute. Appellee, as part of his private sanitation business, contracted with firms to pick up and empty…