Swisher v. Caterpillar Inc.

65 Pa. D. & C.4th 32, 2003 Pa. Dist. & Cnty. Dec. LEXIS 83
CourtPennsylvania Court of Common Pleas, York County
DecidedDecember 23, 2003
Docketno. 2000-SU-02453-01
StatusPublished

This text of 65 Pa. D. & C.4th 32 (Swisher v. Caterpillar Inc.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, York County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Swisher v. Caterpillar Inc., 65 Pa. D. & C.4th 32, 2003 Pa. Dist. & Cnty. Dec. LEXIS 83 (Pa. Super. Ct. 2003).

Opinion

BRILLHART, J.,

ORDER

Pending before the court is the following motion for summary judgment, filed by the defendant, Caterpillar Incorporated, which provides, in pertinent part:

(1) The plaintiff, James K. Swisher, was employed by Guardsmark Inc. as a security guard pursuant to a July 27, 1998 employment contract.

(2) Swisher entered into the employment contract knowingly and voluntarily with no fraud, accident or mutual mistake.

(3) The employment contract contains the following unambiguous and express release:

“Employee understand^] that he (she) will be assigned to the premises or facilities of one or more clients of Guardsmark and in consideration of such assignment(s) hereby waives any and all causes of action which employee may have against such client(s) arising out of or in connection with such assignment(s).”

(4) Pursuant to his employment contract, Swisher was assigned to work on the premises of Caterpillar, a Guardsmark client.

(5) On September 17,1998, while working as a security guard at Caterpillar’s York facility, Swisher sustained injuries that he alleges were caused by Caterpillar’s negligence. Swisher has received workers’ compensation from Guardsmark for his injuries.

(6) Despite the plain meaning of the release, on May 19, 2000, Swisher filed suit against Caterpillar.

[35]*35(7) The release clearly contemplated that Swisher waived his rights to any and all causes of action which he, as a Guardsmark employee, might have against any Guardsmark client, such as Caterpillar.

(8) As no genuine issue of material fact exists that Swisher released Caterpillar from any and all causes of action, summary judgment is appropriate.

The Pennsylvania Rules of Civil Procedure govern motions for summary judgment.

“After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law

“(1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or

“(2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury.” Pennsylvania Rules of Civil Procedure, Rule 1035.2 motion.

Summary judgment is proper only where the pleadings, depositions, answers to interrogatories, admissions of record and affidavits demonstrate that there exists no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Penn Center House Inc. v. Hoffman, 520 Pa. 171, 553 A.2d 900 (1989); Baker v. Cambridge Chase Inc., 725 A.2d 757 (Pa. Super. 1999), appeal denied, 560 Pa. 716, 745 A.2d 1216 [36]*36(1999). In determining whether to grant a motion for summary judgment, the court must view the record in the light most favorable to the nonmoving party. Merriweather v. Philadelphia Newspapers Inc., 453 Pa. Super. 464, 684 A.2d 137 (1996), allocatur denied, 548 Pa. 628, 693 A.2d 967 (1997). Summary judgment may only be granted in cases where it is clear and free from doubt the moving party is entitled to judgment as a matter of law. Myers v. McHenry, 398 Pa. Super. 100, 580 A.2d 860 (1990). The court must accept as true all well-pleaded facts in the opposing party’s pleadings as well as any admissions of record. Ertel v. Patriot-News Co., 544 Pa. 93, 674 A.2d 1038 (1996), cert. denied, 519 U.S. 1008, 117 S.Ct. 512, 136 L.Ed.2d 401 (1996). All doubts as to the existence of a genuine issue of material fact must be resolved against the moving party. Marks v. Tasman, 527 Pa. 132, 589 A.2d 205 (1991).

Moreover, in summary judgment proceedings, it is not the court’s function to determine the facts, but only to determine if an issue of material fact exists. Godlewski v. Pars Manufacturing Co., 408 Pa. Super. 425, 597 A.2d 106 (1991). Summary judgment should only be granted in those cases which are free and clear from doubt. Johnson v. Harris, 419 Pa. Super. 541, 615 A.2d 771 (1992); Spain v. Vicente, 315 Pa. Super. 135, 461 A.2d 833 (1983). Summary judgment serves to eliminate the waste of time and resources of both litigants and the court in cases where a trial would be a useless formality. Liles v. Balmer, 389 Pa. Super. 451, 567 A.2d 691 (1989); Electronic Laboratory Supply Co. v. Cullen, 712 A.2d 304 (Pa. Super. 1998); Harman on Behalf of Harman v. Borah, 720 A.2d 1058 (Pa. Super. 1998), allocatur granted, 1999 Pa. Lexis 2228, reversed in part, 562 Pa. [37]*37455, 756 A.2d 1116 (2000); Henninger v. State Farm Insurance Co., 719 A.2d 1074 (Pa. Super. 1998).

A summary of the uncontested facts is set forth as follows. On My 27, 1998, Swisher knowingly and voluntarily entered into an employment contract with Guardsmark.1 See exhibit 1 (containing My 27, 1998 employment contract). Swisher testified that he carefully read and understood the contract before signing it:

“Q. But when you got the application, you read it. Right?

“A. Yes.

“Q. And you read through it thoroughly and careMly ?

“Q. To make sure that you understood everything that was in here. Correct?

“A. Yes....

“Q. When you signed the application, you knew that you were signing for everything that preceded your signatures. Correct?

“Q. And that’s why you read it carefully?

“A. Yes.” [Deposition testimony, pp. 88 and 89.]

Similarly, Swisher testified that it was his practice to carefully read employment applications and understand them before filling them out:

“Q. Do you make it a practice of always reading applications carefully before you fill them out?

“Q. To make sure that it’s truthful and accurate?

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Related

Baker v. Cambridge Chase, Inc.
725 A.2d 757 (Superior Court of Pennsylvania, 1999)
Witmer v. Exxon Corp.
434 A.2d 1222 (Supreme Court of Pennsylvania, 1981)
Godlewski v. Pars Manufacturing Co.
597 A.2d 106 (Superior Court of Pennsylvania, 1991)
Henninger v. State Farm Insurance
719 A.2d 1074 (Superior Court of Pennsylvania, 1998)
Myers v. McHenry
580 A.2d 860 (Supreme Court of Pennsylvania, 1990)
Liles v. Balmer
567 A.2d 691 (Supreme Court of Pennsylvania, 1989)
Edgin v. Entergy Operations, Inc.
961 S.W.2d 724 (Supreme Court of Arkansas, 1998)
Stebok v. American General Life & Accident Insurance
715 F. Supp. 711 (W.D. Pennsylvania, 1989)
Harrison v. Fred S. James, P.A., Inc.
558 F. Supp. 438 (E.D. Pennsylvania, 1983)
Harman Ex Rel. Harman v. Borah
756 A.2d 1116 (Supreme Court of Pennsylvania, 2000)
Electronic Laboratory Supply Co. v. Cullen
712 A.2d 304 (Superior Court of Pennsylvania, 1998)
Johnson v. Harris
615 A.2d 771 (Superior Court of Pennsylvania, 1992)
Stanley A. Klopp, Inc. v. John Deere Co.
510 F. Supp. 807 (E.D. Pennsylvania, 1981)
Ertel v. Patriot-News Co.
674 A.2d 1038 (Supreme Court of Pennsylvania, 1996)
Penn Center House, Inc. v. Hoffman
553 A.2d 900 (Supreme Court of Pennsylvania, 1989)
HARMAN ON BEHALF OF HARMAN v. Borah
720 A.2d 1058 (Superior Court of Pennsylvania, 1998)
Marks v. Tasman
589 A.2d 205 (Supreme Court of Pennsylvania, 1991)
Merriweather v. Philadelphia Newspapers, Inc.
684 A.2d 137 (Superior Court of Pennsylvania, 1996)
Princeton Sportswear Corp. v. H & M Associates
507 A.2d 339 (Supreme Court of Pennsylvania, 1986)
Spain v. Vicente
461 A.2d 833 (Supreme Court of Pennsylvania, 1983)

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65 Pa. D. & C.4th 32, 2003 Pa. Dist. & Cnty. Dec. LEXIS 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swisher-v-caterpillar-inc-pactcomplyork-2003.