Pape v. Smith

Opinion by

Cercone, J.,

This is plaintiff’s appeal from the lower court’s order granting defendant’s motion for summary judg ment and dismissing plaintiffs complaint. Plaintiff brought this action against defendant Smith in trespass to recover for injuries suffered when he was trapped in the cave-in of a sewer line excavation in which he was working.

The issue to be resolved is whether defendant is a statutory employer of plaintiff under Section 203 of Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P. L. 736, Art. II, §203 as amended, 77 P.S. §52, and therefore immune from common…