John R. McConnell, Philadelphia, for appellant in No. 911 and defendant in No. 925.
Swartz, Campbell & Detweiler, Joseph F. Van Horn, Jr., Philadelphia, for appellant in No. 925 and appellee in No. 911.
Thomas B. Rutter, Philadelphia, for Ronald Hinton.
Charles W. Craven, Philadelphia, for Quick Way, Inc.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ. Van der Voort, J., files a concurring opinion.
[ 243 Pa. Super. Page 193]
This appeal arises from an action in trespass brought by plaintiff-appellee Ronald Hinton (Hinton) to recover
[ 243 Pa. Super. Page 194]
damages for injuries incurred by him in an industrial accident while at work at the place of business of his employer, additional defendant-appellant Theresa Friedman & Sons, Inc. (Theresa). The appellants' claims of error are without merit, and therefore, we will affirm the judgment of the lower court.
Theresa is a manufacturer of fruit preserves, jellies and fruit juices. In 1970, Theresa contracted with defendant-appellant Waste Techniques, Inc. (Waste) to install a waste compacting system at the Theresa plant. As part of the system, Waste had to install a steel, bridge-like plate running from a loading platform to the compactor. A person taking trash to the compactor had to cross over the steel bridge, which spanned a chasm five feet deep.
On December 9, 1970, Hinton, in the course of his duties as a utility man for Theresa, was carrying trash to the compactor when the steel plate collapsed, causing Hinton to plummet to the concrete floor below. Hinton filed suit against Waste for the injuries thus incurred, alleging negligent construction of the bridge. Waste joined Truck-A-Way, Inc. (Truck) and Quick-Way, Inc. (Quick), the trucking firms engaged in hauling trash from the compactors, and Theresa, as additional defendants.
At the close of the evidence, over Waste's objection, the lower court granted motions for compulsory nonsuits in favor of Truck and Quick. The jury then rendered a verdict in favor of Hinton against Waste and Theresa, jointly and severally, for $250,000.00.
The only allegations of error raised by Theresa concern the effect of The Pennsylvania Workmen's Compensation Act*fn1 on Theresa's liability. Theresa contends that the lower court erred in refusing to enter judgment in its ...