Edward Aaron Mays v. Liberty Mutual Insurance Company

STALEY, Circuit Judge.

Plaintiff Edward Aaron Mays instituted this diversity action against Liberty Mutual Insurance Company, the insurance carrier of his employer, alleging that the latter’s negligence in failing to properly inspect the employer’s premises caused injury to him. The question presented is whether the suit is barred by the Pennsylvania Workmen’s Compensation Act. 77 Purdon’s Pa.Stat.Ann. §§ 1-1025. The district court concluded that the insurer was an “employer” within the meaning of the Act, and granted defendant’s motion for summary judgment. 211 F.Supp. 541 (E.D.Pa.1962).

The…