Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

AL-AMEEN v. ATLANTIC ROOFING CORP.

July 5, 2001

ISHMIL AL-AMEEN,PLAINTIFF,
v.
ATLANTIC ROOFING CORP. DEFENDANT. ATLANTIC ROOFING CORP. THIRD-PARTY PLAINTIFF, V. NEUBER ENVIRONMENTAL SERVICES, THIRD-PARTY DEFENDANT.



The opinion of the court was delivered by: Anita B. Brody, J.

EXPLANATION and ORDER

EXPLANATION and ORDER

Plaintiff Ishmil Al-Ameen alleges that, on August 6, 1997, while working to remove the old roof of the East High School in West Chester, Pennsylvania, he slipped on roofing insulation materials negligently left scattered about by the general contractor on the job, Atlantic Roofing Corporation ("Atlantic"). The slip allegedly caused Al-Ameen to fall from the roof and incur serious personal injuries.

On August 3, 1999, Al-Ameen filed this tort claim against Atlantic.*fn1 Atlantic subsequently filed a third-party complaint against its subcontractor on the West Chester job, Neuber Environmental Services, Inc. ("Neuber"). Neuber, which was responsible for the removal of the old roof, employed Al-Ameen at the time of the accident. In its third-party complaint, Atlantic alleged that Neuber was required to indemnify Atlantic pursuant to the terms and conditions set out in their subcontract agreement.

Neuber has moved for summary judgment on two grounds. Neuber claims that the primary defendant, Atlantic, and therefore Neuber, should be dismissed from the action under the statutory employer doctrine. Defendant Atlantic, in its answer to Neuber's motion for summary judgment, incorporates Neuber's argument for dismissal pursuant to the statutory employer doctrine, and asks the court to enter judgment in its favor. Given this answer, Atlantic has joined in the motion for summary judgment on the basis that it is immune to suit as Al-Ameen's statutory employer. Neuber also claims that the indemnity provision in the subcontract with Atlantic did not validly waive its immunity from suit under section 481(b) of the Pennsylvania Workers' Compensation Act ("the Act"). 77 Pa. Cons. Stat. § 1 et seq.

I will grant Neuber and Atlantic's motion for summary judgment and dismiss both defendants pursuant to the statutory employer doctrine.

Summary Judgment Standard

Summary judgment is proper where the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). The court should determine whether there are factual issues that merit a trial. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986). Summary judgment is appropriate if no factual issues exist and the only issues before the court are legal. See Sempier v. Johnson and Higgins, 45 F.3d 724, 727 (3d Cir. 1995).

At summary judgment, the non-moving party receives the benefit of all reasonable inferences. See Sempier, 45 F.3d at 727. The motion should be granted if "the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, [and] there is no `genuine issue for trial.'" Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986).

Statutory Employer Doctrine

Neuber argues that Atlantic, and therefore Neuber, should be dismissed pursuant to the statutory employer doctrine. Defendant Atlantic has joined Neuber's request to dismiss both parties pursuant to the theory that Atlantic was Al-Ameen's statutory employer.

As a quid pro quo for being subjected to a statutory, no-fault system of compensation for worker injuries, the Act provides employers immunity from lawsuits by employees for any "injury" defined within it. See Poyser v. Newman & Co., Inc., 522 A.2d 548, 550 (Pa. 1987). The Act subjects both "statutory" employers and actual employers to its terms, defining a statutory employer as:

An employer who permits the entry upon premises occupied by him or under his control of a laborer or an assistant hired by an employe or contractor, for the performance upon such premises of a part of the employer's regular business entrusted to such employe or contractor, shall be liable to such laborer or assistant in the same manner and to the same extent as to his own employe.

77 Pa. Cons. Stat. ยง 52. As a statutory employer may be held liable for payment of benefits, it also enjoys the tort ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.