Release Negates PA Personal Injury Case

Posted on: June 26th, 2012       Attorney Thomas Newell

A December 2009 legal opinion of the PA Superior Court affirmed the dismissal of a Pennsylvania personal injury claim.  An employee of a security company was working at a client’s job site when she was injured.  She filed a lawsuit against the property owner.  The Philadelphia Court of Common Pleas granted the Defendant’s Motion for Judgment on the pleadings due to a Workmen’s Compensation Release she had signed prior to her injury.

Her PA personal injury lawyer filed an appeal claiming that the employer’s release was contrary to public policy.  The Appeals Court noted that the employee signed a release which waived any claims she may have against a customer if those injuries are covered under the Worker’s Compensation Statutes.  Since she did receive W.C. benefits, the court upheld the enforcement of the release’s terms.  Bowman v. Sunoco, Inc., 986 A.2d 883 (Pa. Super. 2009)

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