Wagner v. National Indemnity Co.

Superior Court of Pennsylvania

Wagner v. National Indemnity Co.

403 A.2d 118, 266 Pa. Super. 110

CourtSuperior Court of Pennsylvania

DecidedSeptember 10, 1979

Docket210

StatusPublished

Cited by12 cases

This text of 403 A.2d 118 (Wagner v. National Indemnity Co.) 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.

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Wagner v. National Indemnity Co., 403 A.2d 118, 266 Pa. Super. 110 (Pa. Ct. App. 1979).

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Opinion

PER CURIAM:

This is an appeal from a dismissal of an action brought by decedent’s estate against the decedent’s employer’s no-fault insurance carrier for work loss and survivor’s loss benefits under the No-Fault Motor Vehicle Insurance Act, 40 P.S. § 1009.101 et seq. (Supp.1978-79). Plaintiff’s decedent was killed while operating a tractor owned by his employer during the course of his employment. Decedent’s family is presently receiving death benefits pursuant to the Workmen’s Compensation Act, 77 P.S. § 1 et seq. (Supp.1978-79).

In Turner v. Southeastern Pennsylvania Transportation Authority, 256 Pa.Super. 43, 389 A.2d 591 (1978), we held that a professional driver injured during the course of his employment had as his exclusive remedy against his employer the Workmen’s Compensation Act, and we barred any recovery under the No-Fault Act. Appellant here argues that the result should be otherwise where the employer is not a self-insurer as was the case in Turner. Turner was not so limited and we can see no logic in such a distinction.

Order affirmed.

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PER CURIAM:

This is an appeal from a dismissal of an action brought by decedent’s estate against the decedent’s employer’s no-fault insurance carrier for work loss and survivor’s loss benefits under the No-Fault Motor Vehicle Insurance Act, 40 P.S. § 1009.101 et seq. (Supp.1978-79). Plaintiff’s decedent was killed while operating a tractor owned by his employer during the course of his employment. Decedent’s family is presently receiving death benefits pursuant to the Workmen’s Compensation Act, 77 P.S. § 1 et seq. (Supp.1978-79).

In Turner v. Southeastern Pennsylvania Transportation Authority, 256 Pa.Super. 43, 389 A.2d 591 (1978), we held that a professional driver injured during the course of his employment had as his exclusive remedy against his employer the Workmen’s Compensation Act, and we barred any recovery under the No-Fault Act. Appellant here argues that the result should be otherwise where the employer is not a self-insurer as was the case in Turner. Turner was not so limited and we can see no logic in such a distinction.

Order affirmed.

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403 A.2d 118, 266 Pa. Super. 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wagner-v-national-indemnity-co-pasuperct-1979.

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