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SMAKOSZ v. BEAVER FALLS (ET AL. (12/16/66)

decided: December 16, 1966.

SMAKOSZ
v.
BEAVER FALLS (ET AL., APPELLANTS)



Appeal from order of Court of Common Pleas of Beaver County, Sept. T., 1965, No. 319, in case of Adam Smakosz v. City of Beaver Falls et al.

COUNSEL

Irwin M. Ringold, with him Alexander J. Jaffurs and Samuel C. Holland, for appellants.

Alvin D. Capozzi, Associate Counsel, with him Thomas E. Roberts, Chief Counsel, Raymond Kleiman, Deputy Attorney General, and Edward Friedman, Attorney General, for appellees.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Montgomery, J.

Author: Montgomery

[ 209 Pa. Super. Page 117]

In this workmen's compensation case claimant Adam Smakosz filed claim petitions against the City of Beaver Falls and Geneva College, seeking to determine which organization was his employer and the amount of compensation payable for injuries sustained while engaged in directing traffic at an intersection in that city. The referee found the city to be the employer but was reversed by the Workmen's Compensation Board, which found his employer to be Geneva College. From this determination an appeal was taken to the Common Pleas Court of Beaver County, which court sustained the board. This appeal by Geneva College and its insurance carrier followed.

Claimant Smakosz was regularly employed by the City of Beaver Falls as a police officer. Geneva College, an educational institution located within the limits of said city, had need for the services of men experienced in police work to patrol its campus. By an arrangement with the Chief of Police of the city, but without official authorization from the mayor or city council, it secured the services of "off-duty" police officers to act as a campus patrol. The Chief of Police regularly designated for this patrol men who were willing to serve and volunteered. Geneva College, at intervals, sent a remittance to the Chief of Police at the rate of two dollars per hour for the number of hours the men worked and the Chief made a proper distribution of the money to the individual officers. In a directive to the Chief of Police Geneva College prescribed the number of men, the shifts, the uniforms, and the patrol routes. Included in the directive were

[ 209 Pa. Super. Page 118]

    their duties and the manner in which they were to be performed, the reports and remuneration. Under special duties the policemen were directed to give attention to improperly parked cars on various parking lots and driveways on the college campus, and two particular off-campus areas "back of McKee Hall, around Clarke Hall . . ., and the parking at Miss Brandon's row of garages just beyond upper play area. This is not College property, but the garages are predominantly used by College people and we do not want improper use of the facilities."

On March 4, 1963, the college issued a special directive to the Chief of Police, the subject of which was the "Policing of Geneva College Fieldhouse for N.A.I.A. Basketball Playoffs" (in which participation included five other colleges but not Geneva) for the evenings of March 6 and 7, 1963. It emphasized that it was of utmost importance that the whole program be well patrolled so that no unauthorized entries be made, gate crashing efforts at such events being common. It also stated that the objective was to be accomplished by "Three regular policemen plus the campus patrolman and three or more from Civil Defense . . ." (Emphasis supplied) At no time was there ever more than one campus patrolman on duty.

On the evening of March 7, claimant was on duty as the assigned campus patrolman for the 5:00 p.m. to 11:00 p.m. shift. It had been his practice during the two years he had served as campus officer to assist in directing traffic on the public street in the vicinity of the field house following the completion of athletic events therein. This would occupy him for about one-half hour. Early in the evening of March 7, he was instructed by Sergeant Gorrell, who was under Chief Martin E. Breit, not to forget the traffic after the game at 9:00 to 9:15 p.m. It was while he was directing

[ 209 Pa. Super. Page 119]

    traffic on the public street following the game that he was ...


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