Westfield Insurance Company v. Astra Foods Inc.

134 A.3d 1045, 2016 Pa. Super. 31, 2016 Pa. Super. LEXIS 84, 2016 WL 638822
CourtSuperior Court of Pennsylvania
DecidedFebruary 12, 2016
Docket1392 EDA 2014
StatusPublished
Cited by16 cases

This text of 134 A.3d 1045 (Westfield Insurance Company v. Astra Foods Inc.) 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
Westfield Insurance Company v. Astra Foods Inc., 134 A.3d 1045, 2016 Pa. Super. 31, 2016 Pa. Super. LEXIS 84, 2016 WL 638822 (Pa. Ct. App. 2016).

Opinions

OPINION BY

STABILE, J.:

Appellant/defendant Astra Foods Inc. (“Astra”) appeals from the March 19, 2014 order of the Court of Common Pleas of Philadelphia County (trial court), which granted summary judgment in favor of Appellee/plaintiff Westfield Insurance Company (‘Westfield Insurance”) and denied Astra’s cross-motion for summary judgment. Upon review, we affirm.

The facts and procedural history underlying this appeal are undisputed. As summarized by the trial court in its Pa.R.AP. 1925(a) opinion:

[1048]*1048This is an appeal taken from [the trial court’s] grant of a [m]otion for Num-mary [judgment in an insurance coverage dispute regarding a workplace injury suffered by Jose Noe Castillo Ramos (Ramos) while employed by BK Packaging Services, Inc. (BK) (formerly known as JRI Contracting Services, Inc.) at a facility operated by [Astra]. In 2009, Ramos suffered a severe injury to his hand and arm while cleaning an exhaust fan, for which he filed a workers’ compensation claim.
In January 2012, Workers’ Compensation Judge [ (WCJ) ] Denise Krass rendered a decision on Ramos’ claim. Her decision included a finding that Ramos was employed by BK, and that Ramos was not a “borrowed employee” of Astra at the time of the injury. [Westfield Insurance], which had issued both a [commercial general] liability policy [ (CGL Policy) ] and a workers’ compensation policy to Astra, was a party to that proceeding. As a result of [WCJ] Krass’ ruling, there was no coverage for Ramos’ injuries under the Westfield [Insurance] workers’ compensation policy.
In June 2013, a jury verdict was rendered for Ramos against Astra in a personal injury action, and [Ramos] was awarded $763,413. Westfield [Insurance] filed a declaratory judgment action, arguing that the [CGL Policy] did not cover the incident. Westfield [Insurance] and Astra filed cross-motions for summary judgment[1] and the [trial court] granted summary judgment for Westfield [Insurance] and denied it for Astra.

Trial Court Rule 1925(a) Opinion, 7/31/14 at 1-2. Astra subsequently moved for reconsideration of the trial court’s summary judgment order. In response, the trial court issued an order vacating its summary judgment order and directing West-field Insurance to file a response to the reconsideration motion. On March 19, 2014, the trial court issued an order reinstating its summary judgment order “with the exception that the statement that [American Guarantee and Liability Insurance Company (AGLIC) ] was in privity with Astra is stricken.”2 Trial Court Order, 3/19/14. Astra timely appealed to this Court.3

On appeal, Astra raises the following issues for our review:

1. Whether the grant of motion for summary judgment in favor of [West-field Insurance] constituted an error of law and/or an abuse of discretion when such opinion and order was based upon the following:
(i) in disregarding an adjudication in a prior action that Ramos was not an Astra employee and failing to apply the doctrine of collateral estoppel to preclude Westfield [Insurance] from asserting otherwise in the action[;]
(ii) in failing to apply the doctrine of judicial estoppel to preclude Westfield [Insurance] from taking inconsistent positions with regard to Ramos’ employment status in the aetion[; and]
[1049]*1049(iii) in failing to declare that the [CGL Policy] exclusion categorizing Ramos as an employee by defining him as a leased worker properly excluded from coverage under [the CGL Policy] is unconscionable and void as against public policy[.]
2. Whether the denial of [Astra’s] cross-motion for summary judgment constituted an error of law and/or an abuse of discretion when such opinion and order was based upon disregarding a finding in a prior adjudication that Ramos was not an employee or borrowed employee of Astra.

Astra’s Brief at 9 (capitalization omitted).

We are mindful that:

[o]ur scope of review of a trial court’s order granting or denying summary judgment is plenary, and our standard of review is clear: the trial court’s order will be reversed only where it is established that the court committed an error of law or abused its discretion.
Summary judgment is appropriate only when the record .clearly shows that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. The reviewing court must view the record in the light most favorable to the nonmov-ing party and resolve all doubts as to the existence of a genuine issue of material fact against the moving party. Only when the facts are so clear that reasonable minds could not differ can a trial court properly enter summary judgment.

Hovis v. Sunoco, Inc., 64 A.3d 1078, 1081 (Pa.Super.2013) (quoting Cassel-Hess v. Hoffer, 44 A.3d 80, 84-85 (Pa.Super.2012)).

Astra first argues the trial court erred in granting Westfield Insurance’s summary judgment motion because Westfield Insurance was barred by the doctrine of collateral estoppel from challenging Ramos’ employment status with Astra. In this regard, Astra , argues that the CGL Policy’s definition of a leased worker — who is considered an employee — is identical to the doctrine of borrowed employee, which was at issue in the prior workers’ compensation proceeding in which Westfield Insurance participated. Astra’s Brief at 16-17. Astra, therefore, argues that, because WCJ Krass determined Ramos was not' employed by Astra on the basis of the borrowed employee doctrine, Westfield Insurance must be barred from re-litigating the issue of Ramos’ employment status with Astra under the terms of the CGL Policy. Id. We disagree.

It is settled that:

Collateral estoppel applies if (1) the issue decided in the prior case is identical to one presented .in the later case; (2) there was a final judgment on the merits; (3) the party against whom the plea is asserted was a party or in privity with a party in the prior case; (4) the party or person privy to the party against whom the doctrine is asserted had a full and fair opportunity to litigate the issue in the prior proceeding and (5) the determination in the prior proceeding was essential to the judgment. Collateral estoppel, sometimes referred to as issue preclusion, operates to prevent a question of law or an issue of fact which has once been litigated and adjudicated finally in a court of competent jurisdiction from being relitigated in a subsequent suit.

Kituskie v. Corbman, 452 Pa.Super. 467, 682 A.2d 378, 382 (1996) (citations and quotation marks omitted).

The decision to allow or to deny a prior judicial determination to collaterally bar relitigation of an issue in a subsequent action historically has been treated as a legal issue. As such, this Court is not [1050]*1050bound by the trial court’s conclusions of law and we may draw our own conclusions from the facts as established.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re: Trust of J.S.M., Appeal of: K.S.B.
Superior Court of Pennsylvania, 2025
Michael's LA Veranda v. Riverstone Riverfront
Superior Court of Pennsylvania, 2022
Wilmington Trust v. Brolley, J.
2019 Pa. Super. 286 (Superior Court of Pennsylvania, 2019)
J.F. Vierra, Jr. v. Bureau of Driver Licensing
Commonwealth Court of Pennsylvania, 2019
Equestrian Endeavors v. Tucci, D.
Superior Court of Pennsylvania, 2018
Hodge v. v. Aramark Healthcare Support Services
Superior Court of Pennsylvania, 2017
Rickard v. American National Property & Casualty Co.
173 A.3d 299 (Superior Court of Pennsylvania, 2017)
Atlantic Casualty Ins. Co. v. Zymblosky, E.
Superior Court of Pennsylvania, 2017
In Re: Estate of Irwin, E., Appeal of: Rothberger
Superior Court of Pennsylvania, 2016
Westfield Insurance Company v. Astra Foods Inc.
134 A.3d 1045 (Superior Court of Pennsylvania, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
134 A.3d 1045, 2016 Pa. Super. 31, 2016 Pa. Super. LEXIS 84, 2016 WL 638822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/westfield-insurance-company-v-astra-foods-inc-pasuperct-2016.