Allen v. Leshner

Opinion by

Jacobs, J.,

At issue in this case is the vicarious liability in tort of an employer of persons not covered by The Pennsylvania Workmen’s Compensation Act1 for injury and property damage suffered by an employee due to the negligence of another employee. Specifically, the question is whether an employer of a live-in nursing companion is free, as a matter of law under the fellow servant rule, from liability for loss incurred by the companion in an attempt to rescue goods of the employer on his premises endangered by the negligence of the companion’s vacation substitute, at a time two…