Wagner v. National Indemnity Co.

Mary P. WAGNER, Administratrix of the Estate of Edward S. Wagner, Jr., Deceased, Appellant, v. NATIONAL INDEMNITY COMPANY

Wagner v. Nat'l Indem. Co., 403 A.2d 118 (Pa. Super. Ct. 1979)

Subsequent history: aff'd, Wagner v. Nat'l Indem. Co., 422 A.2d 1061 (Pa. 1980). (read from the later opinion; check before relying)

Court: Superior Court of Pennsylvania · State Appellate Courts
Decided: September 10, 1979
Docket: No. 210
Judges: Cercone, President Judge, and Wieand and Hoffman
Citations: 403 A.2d 118266 Pa. Super. 110

Cited by 11 1 descriptions by later courts

Opinion — Per Curiam

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.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(holding that worker’s compensation was exclusive remedy of employee for a car wreck in the course of the employee’s business)

H.G. Perkins v. Ins. Co. of North Am., 799 F.2d 955 (5th Cir. 1986)

Cited by 11 cases

View all citing references →

Relies on it most ⓘ

Walton v. Harleysville Mutual Insurance17 Pa. D. & C.3d 697 (1980)
Wagner v. National Indemnity Co.422 A.2d 1061 (Pa. 1980)
H.G. Perkins v. Insurance Company of North America799 F.2d 955 (5th Cir. 1986)
Supp v. Erie Insurance Exchange479 A.2d 1037 (Pa. 1984)
Motley v. State Farm Mutual Automobile Insurance449 A.2d 607 (Pa. 1983)
Buckwalter v. Occidental Fire & Casualty Co.20 Pa. D. & C.3d 611 (1981)

Most recent

H.G. Perkins v. Insurance Company of North America799 F.2d 955 (5th Cir. 1986)
Supp v. Erie Insurance Exchange479 A.2d 1037 (Pa. 1984)
Motley v. State Farm Mutual Automobile Insurance449 A.2d 607 (Pa. 1983)
Buckwalter v. Occidental Fire & Casualty Co.20 Pa. D. & C.3d 611 (1981)
Adams v. Nationwide Insurance426 A.2d 1150 (Pa. Super. Ct. 1981)
Plummer v. Dansky16 Pa. D. & C.3d 734 (1980)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Turner v. Southeastern Pa. Transp. Auth., 389 A.2d 591 (Pa. Super. Ct. 1978)	38

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