Higgins v. Clearing MacHine Corp.

MONTEMURO, Judge:

Before us is an appeal from an order of the Court of Common Pleas of Philadelphia County sustaining the preliminary objections of Kelsey-Hayes Company, Heintz Division (“Kelsey-Hayes”), appellee herein and additional defendant below, and dismissing Kelsey-Hayes from the instant action. The issue before us concerns to what extent the Pennsylvania Workmen’s Compensation Act (“Act”) 1 insulates Kelsey-Hayes, as an additional defendant, from common law liability, on a claim of the original defendants, for allegedly “intentional, wanton and willful” conduct resulting in serious…