Knauer v. Salter

459 A.2d 1233, 313 Pa. Super. 289, 1983 Pa. Super. LEXIS 2805
CourtSuperior Court of Pennsylvania
DecidedMarch 25, 1983
DocketNo. 3174
StatusPublished
Cited by2 cases

This text of 459 A.2d 1233 (Knauer v. Salter) 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
Knauer v. Salter, 459 A.2d 1233, 313 Pa. Super. 289, 1983 Pa. Super. LEXIS 2805 (Pa. Ct. App. 1983).

Opinion

HESTER, Judge:

Appellant, David Knauer, was injured on July 10, 1977, while on active training duty with the Pennsylvania National Guard. At the time of the events in question, appellant was assisting appellee, Major Edward Salter, in unloading a truck. As a result of Salter’s alleged negligence, appellant sustained injuries to his left knee. He thereupon initiated legal action against appellee. Contending that appellant’s action was barred as a matter of law, appellee filed a Motion for Summary Judgment. Said motion was granted by Order of Court on November 9, 1981. This appeal ensued.

A Motion for Summary Judgment should only be granted in those cases which present no genuine issues of material fact. Dippold v. Amherst Insurance Co., 290 Pa.Super. 206, 434 A.2d 203 (1981); Giannini v. Carden, 286 Pa.Super. 450, 429 A.2d 24 (1981); Dunn v. Teti, 280 Pa.Super. 399, 421 A.2d 782 (1980). If there are no genuine issues as to any material fact, and the applicable law entitles the moving party to a judgment, then the motion is properly granted. See Pa.R.C.P. No. 1035(b).

Herein, an examination of the law reveals that summary judgment was appropriately entered. No dispute existed as to any of the material facts. The trial judge held that, as a matter of law, appellant was barred from suing appellee, a fellow member of the Pennsylvania National Guard, for damages allegedly caused by appellee’s negligence. The trial judge ruled that state compensation benefits as provided in the Military Code of August 1, 1975, and as supplemented by federal compensation pursuant to 32 U.S.C.A. §318 established an exclusive remedy for appellant. Since the state benefits are determined by the Pennsylvania Workmen’s Compensation Act, the trial court declared that appellant was bound by the restrictions included in that Act. Finally, the waiver of sovereign immunity embodied in 42 Pa.C.S.A. § 8522(b)(8) for National Guard activities was deemed to be inapplicable to the case at bar.

The relevant federal statute provides:

[292]*292 Compensation for disablement during training
A member of the National Guard is entitled to the hospital benefits, pay and allowances, law or regulation for a member of the Regular Army or the Regular Air Force ... of corresponding grade and length of service, whenever he is called or ordered to perform training under, sections 502, 503, 504, or 505 of this title—
(1) For a period of more than 30 days, and is disabled in line of duty from disease while so employed; or
(2) For any period of time, and is disabled in line of duty from injury while so employed.

32 U.S.C.A. § 318. When appellant was injured, he was on active duty for the Pennsylvania National Guard, performing field maneuvers in summer incampment. This activity falls within the ambit of 32 U.S.C.A. § 502(a), Required Drills and Field Exercises; consequently, appellant is eligible to receive § 318 benefits. These benefits have been construed as supplemental in nature, payable after any state emoluments have been received by members of the National Guard who are disabled in the line of duty. Maryland v. United States, 381 U.S. 41, 85 S.Ct. 1293, 14 L.Ed.2d 205 (1965).

Pennsylvania National guardsmen who are injured during active service are furnished state compensation pursuant to the Military Code, 51 Pa.C.S.A. § 3501. This section states in pertinent part:

General rule: If any member of the Pennsylvania National Guard is injured or otherwise disabled ... .while performing duty in active service of the Commonwealth or in the performance of other State military duty under competent order ... he or his dependents, if not compensated therefor by the government of the United States, shall receive from the Commonwealth just and reasonable relief, the amount of compensation to be determined in accordance with the Workmen’s Compensation Law of Pennsylvania.

The trial judge reasoned that since the amount of compensation was to be determined in accordance with the [293]*293Workmen’s Compensation Law of Pennsylvania, the restrictions of the Workmen’s Compensation Act were also applicable to appellant’s recovery under 51 Pa.C.S.A. § 3501. The Workmen’s Compensation Act explicitly bars an employee’s common law right to sue a co-employee for damages resulting from the co-employee’s negligence. See 77 Pa.S.A. § 72. Moreover, this Act defines the liability of the employer within the scope of the Act as “exclusive and in place of any and all other liability to such employees.... ” 77 Pa.S.A. § 481(a). The trial judge opined that the Commonwealth, as the “employer,” was solely liable to appellant for compensation for his injuries. Since the Commonwealth supplied an adequate remedy in 51 Pa.C.S.A. § 3501, appellant was prohibited from also pursuing his claim against appellee.

Appellant directs our attention to a recent Commonwealth Court opinion, Commonwealth, Pennsylvania National Guard v. Workmen’s Compensation Appeal Board, 63 Pa.Cmwlth.Ct. 1, 437 A.2d 494 (1981). In that case, a member of the Pennsylvania National Guard was awarded benefits by the Workmen’s Compensation Appeal Board for an injury he sustained while engaged in training for the Guard. Although the Workmen’s Compensation Act is the standard to be applied in determining the amount of compensation due to the injured guardsman under 51 Pa.C.S.A. § 3501, the court noted that the actual authority to grant relief lies with the Department of Military Affairs pursuant to 51 Pa.C.S.A. § 702. Consequently, the court resolved, compensation is exclusively provided under the state’s Military Code. To permit recovery under the Workmen’s Compensation Act would sanction double recovery. The Commonwealth Court therefore reversed, ruling that “a member of the Pennsylvania National Guard is not an employee within the intendment of the Workmen’s Compensation Act.” Id., 63 Pa.Cmwlth.Ct. at 4, 437 A.2d at 491.

Appellant is correct that this case has abrogated portions of the trial court’s rationale for ruling that appellant’s action is barred. However, the trial judge did not rely on [294]*294that basis alone in reaching his decision. He properly observed that “[s]ection 3501 of the Pennsylvania Military Code (51 Pa.C.S.A.) provides simple, certain, and uniform compensation for guardsmen injured while performing duty in active service of the Commonwealth.” (Emphasis added).

Appellant does not deny his right to receive compensation under the state and federal National Guard relief provisions.1 It is his theory that he is also entitled to sue appellee for damages pursuant to 42 Pa.C.S.A. § 8522(b)(8). This statute waives the defense of sovereign immunity as a bar to an action against a Commonwealth party for “[ajcts of a member of the Pennsylvania military forces.” Thus, appellant contends that this waiver permits injured guardsmen to institute negligence actions against fellow guardsmen for injuries sustained during service.

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Bluebook (online)
459 A.2d 1233, 313 Pa. Super. 289, 1983 Pa. Super. LEXIS 2805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knauer-v-salter-pasuperct-1983.