Heginbotham v. Bowser & Tarr Inc.

NICKLEACH, R.J.,

— Before the court for disposition are motions for summary judgment filed by all of the parties in this case. Initially, additional defendant Dana Corporation t/d/b/a Weatherhead1 filed its motion for summary judgment on the ground of spoliation of the evidence. Next, defendants Bowser & Tarr Inc. and Newman James Tarr, filed a motion for summary judgment claiming that B & T is plaintiff Donald Heginbotham’s statutory employer and that Tarr is a fellow employee. As such, plaintiffs’ suit *345against them is barred pursuant to the Workers’ Compensation Act, 77 Pa.C.S. §481.…