Appeal from the Decree of the Court of Common Pleas, Civil Division, of Bucks County at No. 86-00173-05-2.
Stephen B. Harris, Warrington, for appellant.
Joseph T. Bodell, Jr., Philadelphia, for appellee.
Wickersham,*fn* McEwen and Beck, JJ.
[ 361 Pa. Super. Page 352]
This is an appeal from the decree of July 8, 1986, entered by the Honorable Isaac S. Garb, President Judge of the Court of Common Pleas of Bucks County, dismissing appellant's complaint. We reverse and remand for proceedings consistent with this opinion.
Appellant is the administrator of the estate of his daughter, Terri L. Brooks, who was employed by Roy Roger's Restaurant, a restaurant owned by appellee, located in Bucks County, Pennsylvania. On February 4, 1984, Ms. Brooks was working in the restaurant when she was severely beaten and stabbed to death by unknown persons following a robbery of the restaurant. Appellant commenced this action by writ of summons on January 8, 1986, naming appellee as defendant.
A complaint was filed on May 21, 1986 against appellee, alleging that the restaurant was located in an area which had been subject to frequent robberies; that this particular restaurant had been robbed on two prior occasions; that appellee and its agents failed to warn or advise the decedent of the danger of employment in the restaurant; and that no specific provisions had been made to protect decedent from attack while she was working in the restaurant. Appellee filed preliminary objections in the nature of a demurrer on May 30, 1986. Thereafter, on July 8, 1986, the lower court entered a decree sustaining the preliminary objections and dismissing appellant's complaint.
Appellant then filed a petition to reconsider, which was denied. This timely appeal followed.
On appeal appellant raises the following issues for our review:
1. Whether the trial court erred in concluding that the appellant's complaint failed to state a cause of action not barred by the exclusive remedy provision of the Pennsylvania Workmen's Compensation Law?
2. Whether the trial court erred in declining to grant the plaintiff leave to ...