Ducaji v. Dennis

656 A.2d 102, 540 Pa. 103, 1995 Pa. LEXIS 218
CourtSupreme Court of Pennsylvania
DecidedMarch 24, 1995
StatusPublished
Cited by51 cases

This text of 656 A.2d 102 (Ducaji v. Dennis) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ducaji v. Dennis, 656 A.2d 102, 540 Pa. 103, 1995 Pa. LEXIS 218 (Pa. 1995).

Opinions

OPINION

MONTEMURO, Justice.

The issue presented by this case is whether passage of the Motor Vehicle Financial Responsibility Law [“MVFRL”], 75 Pa.C.S. § 1701 et seq., expressed a legislative intent to alter the law regarding an employee’s tort liability for injuries sustained by a co-employee in an accident during the course and scope of her employment. More specifically, may an employee recover both workers’ compensation benefits from her employer as well as damages at common law from her co-employee under the MVFRL, when injured in an automobile accident during the course and scope of his employment? For the reasons that follow, we hold that passage of the MVFRL did not express such a legislative intent, and that an employee may not recover damages at common law from her co-employee.

On July 27, 1987, appellant, Juleann Ducjai, was a passenger in an automobile owned and operated by appellee, Dawn Dennis. Ducjai and Dennis were involved in an automobile accident with Dennis’ co-defendant, Peter Tarvin,1 during which Ducjai sustained injury. At the time of the accident, Ducjai and Dennis were employees of the Y.M.C.A.’s Camp Kresge, and were traveling from camp to the Wilkes-Barre Y.M.C.A. at the instruction of the Camp Kresge’s director. [106]*106(R.R. at 139-142,155,177). Ducjai received workers’ compensation benefits as a result of the accident.

On June 30, 1989, Ducjai timely filed a Praecipe of Summons against Dennis and Tarvin. Ducjai filed her civil complaint on July 17, 1989, alleging that she sustained injuries as a result of Dennis’ and Tarvin’s negligent operation of their respective vehicles. Following various responsive pleadings, Dennis filed a Motion for Summary Judgment without opposition on March 30, 1992, in which she claimed immunity from liability in negligence because Ducjai was a co-worker who had-been injured in the course and scope of her employment.2 The trial court initially granted the motion, but subsequently vacated its order and permitted Ducjai to file a Brief in Opposition. On May 8, 1992, the trial court once again granted summary judgment in favor of Dennis, relying upon 77 P.S. § 72, the co-employee immunity provision of the Workers’ Compensation Act (“Act”).3

Ducjai appealed to the Superior Court, which initially reversed the trial court’s entry of summary judgment and remanded the case to Luzerne County for further proceedings. Ducjai v. Dennis, No. 02042 Philadelphia 1992 (Superior Court Feb. 3, 1993) (Cirillo and Hoffman, JJ.; McEwen, J., dissenting). Ducjai, however, filed a Petition for Reargument which the Superior Court granted. The Superior Court, sitting en banc, affirmed the entry of summary judgment by the trial court after reargument. Ducjai v. Dennis, 431 Pa.Super. 366, 636 A.2d 1130 (1994) (Cirillo, J., concurring). On appeal to this Court, Ducjai argues that three sections of [107]*107the MVFRL, 75 Pa.C.S. §§ 1719, 1720, and 1735,4 can be read to allow recovery separate from compensation received under the Act. In support of her argument, Ducjai relies upon several cases by courts of this Commonwealth which concluded that workers’ compensation benefits were no bar to uninsured motorists’ benefits under the MVFRL. Selected Risks Inc. Co. v. Thompson, 520 Pa. 130, 552 A.2d 1382 (1989); Chatham v. Aetna Life & Cas. Co., 391 Pa.Super. 53, 570 A.2d 509 (1989), aff'd per curiam, 529 Pa. 494, 605 A.2d 329 (1992); Ferry v. Liberty Mut. Ins. Co., 392 Pa.Super. 571, 573 A.2d 610 (1990).

Dennis, on the other hand, asserts that MVFRL does not generally supersede the Act. 77 Pa.S. § 72, 481(a).5 Dennis [108]*108relies on our decision in Hackenberg v. SEPTA, 526 Pa. 358, 586 A.2d 879 (1991), as well as case law pre-dating passage of the MVFRL. Apple v. Reichert, 443 Pa. 289, 278 A.2d 482 (1971); Sylvester v. Peruso, 286 Pa.Super. 225, 428 A.2d 653 (1981). We agree with Dennis, and begin our analysis with an examination of law regarding co-employee tort liability before passage of the MVFRL.

Prior to the passage of the MVFRL, we held that Section 72 of the Act “clearly provides that a co-employee is immune from liability for his negligent act resulting in injury to his fellow employee.” Apple, 443 Pa. at 292, 278 A.2d at 483. See Sylvester, 286 Pa.Super. 225, 428 A.2d 653 (1981); DeLong v. Miller, 285 Pa.Super. 120, 426 A.2d 1171 (1981). For example, in the factually analogous case of Apple, the appellant was a passenger in an automobile operated by the appellee when they were involved in an automobile accident with a third party, appellee’s co-defendant. At the time of the accident, the appellant and appellee were co-workers employed as school teachers by Centennial Joint School System, and on their way to the classroom site.

The appellant was granted workers’ compensation benefits through Centennial System’s insurance carrier, but also filed an action in trespass for personal injuries against the appellee. The precise issue raised in Apple was whether the parties were in the “same employ” as used in 77 P.S. § 72; however, ■ in the context of that analysis, we addressed the immunity provided by Section 72. We concluded the parties were in the “same employ,” Apple, 443 Pa. at 293, 278 A.2d at 484, and the appellee was protected from the action in trespass by Section 72. Id. at 294, 278 A.2d at 485. See Sylvester, 286 Pa.Super. 225, 428 A.2d 653; DeLong, 285 Pa.Super. 120, 426 A.2d 1171. Thus, in the absence of the MVFRL, employees were immune from being sued for negligence by their co-workers under Section 72. 77 P.S. § 72. See Hackenberg, 526 Pa. at 361, 586 A.2d at 880.

[109]*109Since the passage of the MVFRL in 1984, this Court has had the opportunity to discuss both the exclusivity of the Act as a remedy for work-related injuries, Alston v. St. Paul Ins. Co., 531 Pa. 261, 612 A.2d 421 (1992), as well as the interplay between the MVFRL and the Act, Hackenberg, 526 Pa. 358, 586 A.2d 879. In Alston, this Court addressed the exclusivity of Section 481 of the Act. Alston, 531 Pa.

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Bluebook (online)
656 A.2d 102, 540 Pa. 103, 1995 Pa. LEXIS 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ducaji-v-dennis-pa-1995.