Gniewek v. 1700 Place Apartments

646 A.2d 1196, 435 Pa. Super. 479, 1994 WL 455795
CourtSuperior Court of Pennsylvania
DecidedAugust 23, 1994
DocketNo. 3988, Philadelphia 1993
StatusPublished
Cited by2 cases

This text of 646 A.2d 1196 (Gniewek v. 1700 Place Apartments) 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
Gniewek v. 1700 Place Apartments, 646 A.2d 1196, 435 Pa. Super. 479, 1994 WL 455795 (Pa. Ct. App. 1994).

Opinion

DEL SOLE, Judge:

Ron Gniewek appeals from an order granting summary judgment to 1700 Place Apartments and Frank Lindy, Appellees, in this personal injury case. We reverse.

Appellant filed suit against Appellees to recover for injuries that he suffered as a result of a fall on ice in the driveway at the 1700 Place Apartments. At that time, Appellant was employed by Roy Arms as a handy man. Roy Arms Repair Service had a contract with 1700 Place Apartments to repair or renovate the units at the apartment complex. The 1700 Place Apartments are owned by a general partnership, the 1700 Place Apartments of Pennsylvania. The general partners are Phillip Lindy and Cedrich Gardens, Inc. The Lindy Property Management Company, also a partnership, manages the 1700 Place Apartments. Frank Lindy is a limited partner of the Lindy Property Management Company and Phillip Lindy and Anabell Lindy are general partners in the Lindy Property Management Company. Frank Lindy and Allan Lindy are responsible for the daily administration of the 1700 Place Apartments, and the 1700 Place Apartments’ staff were supervised by both Frank and Allan Lindy. Frank and Allan Lindy would then report to Phillip Lindy as the owner of 1700 Place Apartments.

Frank Lindy’s deposition testimony was that, at the time of Appellant’s accident, Roy Arms Repair Service had a contract with 1700 Place Apartments to paint, clean and maintain the apartments after a tenant moved out, and they did various external jobs including snow removal. Roy Arms employees were complementing the 1700 Place Apartments staff. As a Roy Arms employee, [1197]*1197Appellant was given daily work assignments by Roy Arms and he was paid by Roy Arms. Frank Lindy would inform Roy Arms what work needed to be completed under his contract. Although the Lindy Property Management Company did not have authority to tell Roy Arms’ employees how to do their work, the management company could dispatch Roy Arms’ employees to different jobs.

On the morning of the accident, Appellant had been assigned to work in one of the 1700 Place Apartment Buildings. His task was to remove debris from the building by placing it in trash cans, and dragging the cans to a dumpster to be emptied. On one trip to the dumpster, Appellant slipped on ice in the driveway and fractured his hand. Approximately two weeks later, Appellant was fired by Roy Arms.

After the parties in this case were deposed, Appellees filed a motion for summary judgment. The trial court granted the motion reasoning that 1700 Place Apartments and Frank Lindy were the statutory employers of Appellant and therefore immune from an action-at law for damages under the Pennsylvania Workmen’s Compensation Act. The court further stated that Appellant failed under Pa.R.Civ.P. 1035 to set forth facts showing that a genuine issue for trial existed.

“In reviewing summary judgment, the Court must accept as true all well-pleaded facts in the non-moving party’s pleadings, giving the non-moving party the benefit of all reasonable inferences to be drawn therefrom.” Rybas v. Wapner, 311 Pa.Super. 50, 457 A.2d 108, 109 (1983). Summary judgment will be upheld only when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Id; Pa.R.Civ.P. 1035(b). The opposing party of a motion for summary judgment may not rest upon mere denials of the pleading, but the response by affidavits or otherwise must articulate specific facts showing that there is a genuine issue for trial. Pa.R.Civ.P. 1035(d). Summary judgment may only be entered in cases which are clear and free from doubt. Krause v. Great Lakes Holdings, Inc., 387 Pa.Super. 56, 563 A.2d 1182 (1989).

We must determine whether 1700 Place Apartments and Frank Lindy are statutory employers of Appellant within the meaning of the Pennsylvania Workmen’s Compensation Act.

Section 203 of the Act sets forth the prerequisites for statutory employer status as follows:

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.

Act of June 2, P.L. 736, art. II, § 203 as amended; 77 P.S. § 52.

Our supreme court in McDonald v. Levinson Steel Co., 302 Pa. 287, 153 A. 424 (1930), interpreted section 203 to require that five elements be met to come within the definition of a statutory employer:

(1) An employer who is under contract with an owner or one in the position of an owner. (2) Premises occupied by or under the control of such employer. (3) A subcontract made by such employer. (4) Part of the employer’s regular business entrusted to such subcontractor. (5) An employee of such subcontractor.

Id. at 294-295, 153 A. 424. In applying the McDonald test to the case sub judice, we keep in mind that “section 203 of the Workmen’s Compensation Act, which was designed to extend benefits to workers, should not be casually converted into a shield behind which negligent employers may seek refuge.” Stipanovich v. Westinghouse Electric Corp., 210 Pa.Super. 98, 231 A2d 894, 898 (1967).

Instantly, 1700 Place Apartments argue that they satisfy the elements of McDonald in that they contracted with the owners of 1700 Place Apartments to manage the building, the premises were under their control, the contract between Roy Arms Repair and the buildings management gave Roy Arms responsibility for maintenance of the apartments between tenants, the maintenance [1198]*1198work was part of the work that Appellees contracted to do in their agreement with the owners of 1700 Place Apartments, and Appellant was an employee of Roy Arms Repair Service.

Appellee’s argument is specious. Appel-lee, 1700 Place Apartments, was the owner. It could not contract with itself to manage the premises which it owned. As the owner of the property, Appellee could not acquire statutory employer status.

Appellant’s employer, Roy Arms Repair Service, directly contracted with 1700 Place Apartments to repair or renovate the apartments at that location. In Ashman v. Sharon Steel Corp., 302 Pa.Super. 305, 448 A.2d 1054 (1982), a truck driver was injured while at work and he filed a action against Sharon Steel to recover for the injuries. The trial court held that Sharon Steel was liable in a common-law negligence action for the injuries suffered and we agreed reasoning that:

Appellant [Sharon Steel] is not a “principal contractor,” but an owner of the property. Our courts have held that this distinction is significant; an independent contractor’s employe is not ordinarily considered to become an “employe” of the owner of the property for Compensation Act purposes. Brooks v. Buckley & Banks, 291 Pa. 1, 139 A. 379 (1927); Freeny v. William Penn Broadcasting Co., 180 Pa.Super. 434, 118 A.2d 275 (1955).

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Cite This Page — Counsel Stack

Bluebook (online)
646 A.2d 1196, 435 Pa. Super. 479, 1994 WL 455795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gniewek-v-1700-place-apartments-pasuperct-1994.