Ducjai v. Dennis

636 A.2d 1130, 431 Pa. Super. 366, 1994 Pa. Super. LEXIS 74
CourtSuperior Court of Pennsylvania
DecidedJanuary 27, 1994
Docket2042
StatusPublished
Cited by18 cases

This text of 636 A.2d 1130 (Ducjai v. Dennis) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ducjai v. Dennis, 636 A.2d 1130, 431 Pa. Super. 366, 1994 Pa. Super. LEXIS 74 (Pa. Ct. App. 1994).

Opinions

ROWLEY, President Judge:

In this appeal, we address the question which Juleann Ducjai (hereinafter “appellant”) has presented for our review1, to wit, whether the exclusivity provision contained in [368]*368§ 72 of the Worker’s Compensation Act (hereinafter “WCA”), 77 P.S. § 1, et seq., is without force and effect in law since enactment of § 1719(a) of the Motor Vehicle Financial Responsibility Law (hereinafter “MVFRL”), 75 Pa.C.S.A § 1701 et seq. In other words, did the legislature intend to repeal § 72 sub silencio in all motor vehicle cases? Following an exhaustive review of the record, and the law relevant to this question2, we decide that the legislature did not so intend. We conclude that worker’s compensation benefits are the sole and exclusive remedy available to employees injured in a motor vehicle accident in the course and scope of their employment. Therefore, we affirm the trial court’s order granting summary judgment in favor of Dawn Dennis (hereinafter “appellee”), defendant in the trial court.

The procedural and factual background of this case were accurately and succinctly summarized by the trial court, as follows:

“The present matter was initiated by Praecipe of Summons filed by [appellant] on June 30, 1989, the resulting Writ in Summons being served on [appellee] on July 6,1989 and on [a] co-defendant [Peter Tarvin] on July 7, 1989.
‡ ;¡c ‡ ^ ‡
[Appellant] filed her complaint on January 17, 1991. In her complaint, [appellant] alleges that on July 27, 1987, she was a passenger in an automobile operated by [appellee]; that the vehicle operated by [appellee] collided with a pickup truck operated by co-defendant; that both [appellee] and [369]*369co-defendant operated their respective vehicles negligently, as a result of which she sustained enumerated injuries.”

(Trial Court Opinion, 3/31/92, p. 1-2).

Further, the trial court stated in its well-reasoned opinion that:

“[t]he record before us establishes unequivocally that [appellant] was an employee of the Y.M.C.A. at Camp Kresge at the time of the accident; that [appellee] was [appellant’s] co-employee [when the accident occurred]; that, pursuant to the directions of the Director at Camp Kresge, [appellant] and [appellee] were driving to the Y.M.C.A. in Wilkes-Barre [when the accident happened]; and that [appellant] has received worker’s compensation benefits provided by the Y.M.C.A. as a result of the accident.”

Id. at p. 6-7.

After the pleadings were closed, appellee filed a motion for summary judgment with the trial court contending that she was entitled to judgment as a matter of law pursuant to 77 P.S. §§ 72 and 481(a). Neither appellant nor the co-defendant filed a brief in opposition to the motion. On March 30, 1992, the trial court granted appellee’s motion. Appellant filed a motion for reconsideration, which the trial court granted. The March 30th order was vacated and appellant was given five (5) days in which to file a brief in opposition to appellee’s summary judgment motion. On May 8,1992, after considering the briefs of both appellant and appellee, the trial court once again granted summary judgment in favor of appellee. This timely appeal followed.

The standard by which the grant of summary judgment must be reviewed is well-settled, and has been stated by this Court, as follows:

“A motion for summary judgment may properly be granted only 'if 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 [370]*370matter of law.’ Pa.R.C.P. 1035(b). See also Rybas v. Wapner, 311 Pa.Super. 50, 52, 457 A.2d 108, 109 (1983); Williams v. Pilgrim Life Insurance Co., 306 Pa.Super. 170, 172, 452 A.2d 269, 270 (1982). In passing upon a motion for summary judgment the [trial],court must examine the record in the light most favorable to the nonmoving party. Pocono International Raceway, Inc. v. Pocono Produce, Inc., 503 Pa. 80, 82, 468 A.2d 468, 470 (1983); Zimmerman v. Zimmerman, 322 Pa.Super. 121, 123, 469 A.2d 212, 213 (1983); Wilk v. Haus, 313 Pa.Super. 479, 480-482, 460 A.2d 288, 289-290 (1983). It is not part of the court’s function to decide issues of fact but solely to determine whether there is an issue of fact to be tried. Wilk v. Haus, supra at 482, 460 A.2d at 290; Tom Morello Construction Co. v. Bridgeport Federal Savings & Loan Association, 280 Pa.Super. 329, 334, 421 A.2d 747, 750 (1980). Any doubt must be resolved against the moving party. Chorba v. Davlisa Enterprises, Inc., 303 Pa.Super. 497, 500, 450 A.2d 36, 38 (1982); First Pennsylvania Bank, N.A. v. Triester, 251 Pa.Super. 372, 378, 380 A.2d 826, 829 (1977). Thorsen v. Iron and Glass Bank, 328 Pa.Super. 135, 140-141, 476 A.2d 928, 930-931 (1984). Accord Thompson Coal Co. v. Pike Coal Co., 488 Pa. 198, 203-204, 412 A.2d 466, 468-469 (1979); Day v. Volkswagenwerk Aktiengesellschaft, 318 Pa.Super. 225, 231, 464 A.2d 1313, 1316 (1983); Rybas v. Wapner, 311 Pa.Super. 50, 51, 457 A.2d 108, 109-110 (1983). However, parties seeking to avoid entry of summary judgment against them may not rest upon the averments contained in their pleadings. On the contrary, they are required to show, by depositions, answers to interrogatories, admissions or affidavits, that there is a genuine issue for trial. Pa.R.C.P. 1035(d). The court, in ruling upon a motion for summary judgment, must ignore controverted facts contained in the pleadings. Phaff v. Gerner, 451 Pa. 146, 303 A.2d 826 (1973); Younginger v. Heckler, 269 Pa.Super. 445, 410 A.2d 340 (1979). The court must restrict its review to the material authorized by Rule 1035 to be filed in support of and in opposition to the motion for summary judgment and [371]*371only those allegations in the pleadings that are uncontroverted. Phaff v. Gerner, supra.”

Washington Federal Savings Loan Assoc. v. Stein, 357 Pa.Super. 286, 288-289, 515 A.2d 980, 981 (1986) (emphasis in original).

Further, it has been stated by this Court that:

“[o]nce a motion for summary judgment is made and is properly supported ... the nonmoving party may not simply rest upon the mere allegations or denials in his or her pleadings. Pa.R.C.P. 1035(d).

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Ducjai v. Dennis
636 A.2d 1130 (Superior Court of Pennsylvania, 1994)

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Bluebook (online)
636 A.2d 1130, 431 Pa. Super. 366, 1994 Pa. Super. LEXIS 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ducjai-v-dennis-pasuperct-1994.