DeLong v. Miller

HOFFMAN, Judge:

Appellants contend that appellee is not entitled to summary judgment because he was not immune from suit pursuant to section 205 of the Pennsylvania Workmen’s Compensation Act (the Act). 1 We disagree and, accordingly, affirm the order of the lower court.

The facts are not in dispute and may be stated as follows. Appellant Ernest T. DeLong and appellee Arthur Miller were both members and, consequently, employees 2 of a volunteer fire company in Hamburg. On March 15, 1979, in response to a fire alarm, Miller was driving his personal automobile to the fire house when he struck…