Appeal, No. 160, Oct. T., 1957, from order of Court of Common Pleas No. 3 of Philadelphia County, Sept. T., 1955, No. 6985, in case of Philip A. Meehan v. City of Philadelphia. Order affirmed.
Levy Anderson, First Deputy City Solicitor, with him James D. McCrudden, Assistant City Solicitor, James L. Stern, Deputy City Solicitor, and David Berger, City Solicitor, for appellant.
Harry R. Back, for appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.
[ 184 Pa. Super. Page 661]
Philip A. Meehan, a Philadelphia policeman, was incapacitated by injuries received on August 26, 1951, when on duty in a patrol car which collided with an automobile driven by Lester Beckman.
Our present problem is whether the City of Philadelphia is to receive credit, on a workmen's compensation judgment, for the sum the policeman received when he settled a trespass action against Beckman.
When a policeman is injured in the performance of his duties and temporarily incapacitated, the Act of June 28, 1935, P.L. 477, 53 PS § 637 requires the city to pay his full rate of salary, and all medical and hospital bills incurred in connection with such injury. In compliance with this statute, the city paid Meehan his salary until January 27, 1953. It then dismissed him for total and permanent disability, after having paid him $5,089 salary from the date of his injury. It also paid his medical and hospital expenses of $37.50.
[ 184 Pa. Super. Page 20]
On December 18, 1952, the then city solicitor, on behalf of Meehan individually and the city as use-plaintiff, commenced an action in trespass against Beckman. This joint action was proper procedure. See Pennsylvania Procedural Rule 2002; Goodrich-Amram § 2002(a) -12; Anderson Pennsylvania Civil Practice, Vol. 4, Page 20.
In the complaint Meehan claimed $50,000 for past and future medical expenses, past and future pain and suffering, loss of wages and loss of earning capacity, and the city as use-plaintiff claimed $4,741.54 ($37.50 for hospital bill and the balance for the salary it had paid Meehan up to the time of filing the suit), and such ...