Appeal No. 3 M.D. Appeal Dkt. 1989, from Order of Commonwealth Court entered February 5, 1988, at No. 2873 C.D. 1986, Affirming Order of Workmen's Compensation Appeal Board entered on August 29, 1986, at No. A-89671 (Phila.-April, 1985).
James H. Thomas, Paula B. Katchmer, Lancaster, for appellant.
W. Jeffrey Sidebottom, Paul D. Clouser, Lancaster, for appellee.
Nix, C.j., and Larsen, Flaherty, McDermott, Zappala and Papadakos, JJ. Larsen, J., files a dissenting opinion.
Appeal dismissed as having been improvidently granted.
LARSEN, Justice, dissenting.
I dissent. Leonard W. Polk, appellant (deceased) was a working man, husband of Benilda Polk, appellant, and the father of a four year old son, Leonard W. Polk Jr. On February 6, 1981, Polk the manager of Sambo's Restaurant Inc. (appellee) was fatally shot at his place of employment,
by Melvin Dill a manager trainee. The history of Dill's employment with Sambo's was, at best, tempestuous. Dill's erratic behavior culminated in an assault on two co-employees for which he was fired by Polk. Dissatisfied with his termination, Dill contacted Sambo's home office, which reinstated Dill with a two-week suspension.
On February 5, 1981, Dill failed to report to work and was fired for the second time by Polk. On February 6, 1981, at approximately 8:45 p.m., Dill, who was admittedly suffering from hallucinations, arrived at Sambo's with a shotgun. He approached Polk and shouted, "why did you do this to ...