A 2008 Decision by the PA Superior Court upheld an award for a Pennsylvania pedestrian accident victim. A security guard was hit by a car driven by a fellow employee. The PA pedestrian accident victim sustained injuries to his leg which required several surgeries.
The medical bills and lost wages of the PA pedestrian were paid by the Worker’s Compensation carrier. The Pennsylvania pedestrian accident lawyer filed a lawsuit vs. the co-worker alleging that her negligence caused the car to hit the pedestrian. Although the Worker’s Compensation Act provides a defense to claims of negligence by one employee against another, the attorney representing the driver failed to list that defense in his legal pleadings.
The jury heard the evidence as to how the car hit the pedestrian and the injuries that resulted from the pedestrian accident. A large award was entered in favor of the PA pedestrian accident victim. An attempt by the driver’s lawyer to raise the immunity defense in his appeal was rejected and the pedestrian’s personal injury verdict was preserved. Bell v. Kater, 943 A.2d 293 (PA Super. 2008)
