Truck Accident Victim Can’t Recover vs. Fellow Employee

Posted on: July 10th, 2012       Attorney Thomas Newell

A December 2008 ruling by the PA Superior Court denied the personal injury claim of a Pennsylvania truck accident victim.   Two employees were returning to PA after working at a Baltimore job site when the driver lost control of the pick-up truck.  The passenger suffered significant head injuries.  His Pennsylvania truck accident attorney filed a lawsuit versus the truck driver in Philadelphia County.

The trial judge ruled that the PA Worker’s Compensation Act prevented the Pennsylvania truck accident victim from making a PA personal injury claim against his fellow employee.  The Pennsylvania truck accident lawyer filed an appeal which was denied.  Worker’s Compensation benefits were the only recovery available for the PA truck accident victim.  EMC v. Boiler Erection, 964 A.2d 381 (PA Super. 2008)