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Legal News

: The Legal Intelligencer Blog

Supreme Court Won?t Hear Workers' Comp Act Exclusivity Case

By Brian Harris

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By Zack Needles
Of the Legal staff

In a per curiam order, the Supreme Court has denied allocator in a case in which a man rendered quadriplegic in an accident while driving his work truck claimed economic damages as a result of his employer allegedly destroying parts of the vehicle and hindering his ability to sue the truck manufacturer.

In April, the state Superior Court reversed a Philadelphia trial court judge, ruling that plaintiff Marton Minto was not barred by the exclusivity provision of the Workers' Compensation Act from suing his employer, J.B. Hunt Transport Inc.

Minto didn't allege damages against his employer for injuries he suffered in the March 2002 accident, but claimed economic damages as a result of J.B. Hunt allegedly destroying evidence he might have used in his case against products liability defendants.

The Superior Court was asked to review the issue of the exclusivity clause after Philadelphia Common Pleas Court Judge Sandra Mazer Moss granted J.B. Hunt's motion for judgment on the pleadings, finding the clause barred Minto's claims.

Full post as published by The Legal Intelligencer Blog on December 24, 2009 (boomark / email).

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