Butler v. Pennsylvania Assigned Claims Plan

FRAMPTON, J.,

Albert W. Butler, husband of plaintiff Priscilla Butler, was fatally injured on September 23, 1982. The actual cause of death remains something of a mystery. At the time of the accident, Mr. Butler was standing on the back of a flatbed truck owned by his employer, George Simon Brothers. Another employee of George Simon, Mr. Earl Hudspeth, was operating a crane next to the truck on which Mr. Butler stood.

In the process of loading scrap metal onto the flatbed truck, a piece of metal came loose from the crane and fell. The metal struck Mr. Butler on the *416head, causing him to fall to…