Suter v. Harsco Corp.

I dissent. What the majority has done in reversing the verdict for the employee and directing the entry of judgment for the employer is, in effect, to grant a summary judgment, even though the jury reasonably could have drawn varying inferences from the evidence. To reach its result, the majority has engaged in a superficial and flawed analysis of the issues which it does address and, not surprisingly, has dodged the most troublesome issue in this case (see section III, infra). Together with the scant citation of authority, the unfocused approach of the majority opinion not only “makes bad…