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MARY P. WAGNER v. NATIONAL INDEMNITY COMPANY (05/16/79)

SUPERIOR COURT OF PENNSYLVANIA


decided: May 16, 1979.

MARY P. WAGNER, ADMINISTRATRIX OF THE ESTATE OF EDWARD S. WAGNER, JR., DECEASED, APPELLANT,
v.
NATIONAL INDEMNITY COMPANY

No. 210 March Term, 1978, Appeal from the Order of the Court of Common Pleas of Dauphin County, No. 797 S 1978.

COUNSEL

Neil J. Rovner, Harrisburg, for appellant.

Robert P. Reed, Harrisburg, for appellee.

Cercone, President Judge, and Wieand and Hoffman, JJ.

Author: Per Curiam

[ 266 Pa. Super. Page 111]

This is an appeal from a dismissal of an action brought by decedent's estate against the decedent's employer's no-fault insurance carrier for work loss and survivor's loss benefits under the No-Fault Motor Vehicle Insurance Act, 40 P.S. § 1009.101 et seq. (Supp.1978-79). Plaintiff's decedent was killed while operating a tractor owned by his employer during the course of his employment. Decedent's family is presently receiving death benefits pursuant to the Workmen's Compensation Act, 77 P.S. § 1 et seq. (Supp.1978-79).

In Turner v. Southeastern Pennsylvania Transportation Authority, 256 Pa. Super. 43, 389 A.2d 591 (1978), we held that a professional driver injured during the course of his employment had as his exclusive remedy against his employer the Workmen's Compensation Act, and we barred any recovery under the No-Fault Act. Appellant here argues that the result should be otherwise where the employer is not a self-insurer as was the case in Turner. Turner was not so limited and we can see no logic in such a distinction.

Order affirmed.

19790516

© 1998 VersusLaw Inc.



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