Lascio v. Belcher Roofing Corp.

CIRILLO, President Judge Emeritus.

Samuel and Fay Lascio (the Lascios) appeal from an order granting Appellee Barclay-White, Inc.’s (Barclay-White) motion for judgment notwithstanding the verdict (j.n.o.v.) on the basis that it was a statutory employer. We reverse and remand for a new trial limited to the issue of whether Samuel Lascio was an employee or independent contractor of Barclay-White.

Appellee, Barclay-White, a general contractor, was awarded a construction contract to make certain improvements to Holy Redeemer Hospital. On May 27,1988 Barclay-White entered into a contract with McKeon…