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EUGENE J. BROZZETTI AND CAROLYN L. BROZZETTI v. HEMPT BROTHERS (02/11/83)

filed: February 11, 1983.

EUGENE J. BROZZETTI AND CAROLYN L. BROZZETTI
v.
HEMPT BROTHERS, INC. V. PADDOCK POOL BUILDERS, INC. APPEAL OF HEMPT BROTHERS, INC.



No. 215 Harrisburg, 1981, Appeal from the Order of the Court of Common Pleas of Dauphin County, Civil Division, at No. 7076S 1980

COUNSEL

Thomas E. Brenner, Harrisburg, for appellant.

John B. Mancke, Harrisburg, for appellees.

Brosky, Wieand and Montemuro, JJ.

Author: Brosky

[ 310 Pa. Super. Page 250]

Appellee Paddock Pool Builders, Inc. was the employer of Eugene J. Brozzetti who was injured during the course of

[ 310 Pa. Super. Page 251]

    his employment. Mr. Brozzetti commenced this action to recover damages from appellant, Hempt Brothers, Inc., alleging that his injuries were caused by the negligence of one of Hempt Brothers' employees. Hempt Brothers then joined Paddock Pool Brothers, Inc. as an additional defendant. The lower court granted preliminary objections filed by appellee and dismissed the complaint as to Paddock on the grounds that as Brozzetti's employer Paddock was immune from joinder by virtue of Section 303(b) of the Pennsylvania Workmen's Compensation Act.*fn1 The sole issue for our review is whether, despite Section 303's grant of immunity, employers can still be joined in order to apportion negligence in accordance with the Pennsylvania Comparative Negligence Act.*fn2 Because we conclude that we must find such joinder impermissible, we affirm.

Section 303 of the Workmen's Compensation Act provides:

(a) The liability of an employer under this act shall be exclusive and in place of any and all other liability to such employes, his legal representative, husband or wife, parents, dependents, next of kin or anyone otherwise entitled to damages in any action at law or otherwise on account of any injury or death as defined in Section 301(c)(1) and (2) or occupational disease as defined in Section 108.

(b) In the event injury or death to an employe is caused by a third party, then such employe, his legal representative, husband or wife, parents, dependents, next of kin, and anyone otherwise entitled to receive damages by reason thereof, may bring their action at law against such third party, but the employer, his insurance carrier, their servants and agents, employes, representatives acting on their behalf or at their request shall not be liable to a third party for damages, contribution, or indemnity in any action at law, or otherwise, unless liability for such damages, contributions or indemnity shall be expressly provided

[ 310 Pa. Super. Page 252]

    for in a written contract entered into by the party alleged to be liable prior to the date of the ...


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