Charles v. Grimm v. O. K. Keckley Co., and Third-Party v. Ramclif Supply and Evans Products Company, Third-Party Appeal of Evans Products Company

JAMES HUNTER, III, Circuit Judge,

dissenting:

Once again we are, because of diversity jurisdiction, required to guess what the Pennsylvania law would be. Because I disagree with the majority’s conjecture as to Pennsylvania law, I must respectfully dissent.

As I see it, the overriding concern of the Pennsylvania legislature is to provide limited liability1 for the workmen’s compensation employer. The employee who is covered by workmen’s compensation cannot sue an employer for negligence. That much is clear. What has been unusual in Pennsylvania, and what ties the Gordian knot in this case, is a…