Franczyk, L. v. The Home Depot, Pets.

Supreme Court of Pennsylvania

Franczyk, L. v. The Home Depot, Pets.

DecidedMarch 16, 2022

Docket315 WAL 2021 (Granted)

StatusPublished

This text of Franczyk, L. v. The Home Depot, Pets. (Franczyk, L. v. The Home Depot, Pets.) 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

Franczyk, L. v. The Home Depot, Pets., (Pa. 2022).

Pincite

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

LINDSAY FRANCZYK, : No. 315 WAL 2021 : Respondent : : Petition for Allowance of Appeal : from the Order of the Superior Court v. : : : THE HOME DEPOT, INC. D/B/A HOME : DEPOT, PHILIP ROGERS, AND THOMAS : MASON, : : Petitioners :

ORDER

PER CURIAM

AND NOW, this 16th day of March, 2022, the Petition for Allowance of Appeal is

GRANTED. The issues, rephrased for clarity, are:

(1) Where an employee suffers a workplace injury fairly attributable to a non- employer third party, is the employee precluded by 77 P.S. § 481’s exclusive remedy provision from bringing a tort claim against the employer for affirmative conduct that impedes the employee’s ability to seek relief against the third-party?

(2) Does the Superior Court’s decision in this case conflict with its decision in Kalik v. Mash, 982 A.2d 85 (Pa. Super. 2009)?

Free access — add to your briefcase to read the full text and ask questions with AI