Mercer, J. v. Newell, M. Pets.

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT

JERRY A. MERCER, JR., AND JERRY A. : No. 260 EAL 2021 MERCER, III, :

:

Respondents : Petition for Allowance of Appeal : from the Order of the Superior Court :

v. :

: :

MARTIN P. NEWELL, JR. AND ACTIVE : RADIATOR REPAIR CO., :

:

Petitioners :

ORDER

PER CURIAM

AND NOW, this 11th day of May, 2022, the Petition for Allowance of Appeal is

GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to all

remaining issues. The issue, as stated by Petitioner, is:

This Court in Martin only recognized an exception to the WCA for certain fraudulent misrepresentation claims, and no subsequent court has applied the Martin exception to any other types of claims. Did the Superior Court therefore err in ordering that Respondents could proceed with their medical monitoring, battery, and intentional infliction of emotional distress claims under the Martin exception?