Greenya v. Gordon

133 A.2d 595, 389 Pa. 499, 1957 Pa. LEXIS 390

• Court: Supreme Court of Pennsylvania
• Decided: June 28, 1957
• Docket: Appeal, 3
• Status: Published

Opinion

Opinion

per Curiam,

The plaintiff, an employee of a partnership of which the defendant was a member, sued the latter individually in trespass for personal injuries suffered in an automobile accident while the defendant was driving the plaintiff and himself back to their place of employment from a painting job on which they both had been working. The plaintiff received from his employers workmen’s compensation for his injuries and signed- a final settlement receipt. All .of these facts appear by tbe pleadings and are confirmed by tbe plaintiff’s admissions of record. Tbe learned court below gave judgment on tbe pleádings for tbe defendant; and tbe plaintiff appealed.

Tbe plaintiff’s injuries for wbicb be claimed in trespass were sustained in tbe course of bis employment and were therefore compensable by bis employers under tbe Workmen’s Compensation Law. He was not entitled, in addition, to a common-law action for damages against tbe defendant employer individually. So long as tbe plaintiff was an employee of tbe defendant partnership and was injured in tbe course of bis employment, it is immaterial that tbe injury was due to tbe alleged negligence of one of bis employers.

Tbe opinion of Judge Sohn for tbe court below disposed of tbe claim in trespass against tbe individual partner so cogently and so adequately that we need add nothing futber in justification of tbe judgment.

Judgment affirmed.