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Pennsylvania Superior Court Holds That Person Injured In A Car Accident While Sleeping Cannot Sue Co-employee Who Caused AccidentBelow is the link to the new Superior Court of Pennsylvania case from September 16, 2009 in Kulik v. Mash. This case deals with a person suing a co-employee regarding a car accident which occurred before he started work in a parking lot outside of work.
The injured person, Kulik, was injured when he was sleeping in his parked car in a parking lot after he arrived 30 minutes early for work at Sears one morning. A co-employee backed his car into Kulik's parked car causing the accident. Judge Klein reviews the case law on the course and scope of employment and workers compensation immunity and the court holds that Kulik's claim against the co-employee is barred because under the facts he cannot sue his co-employee.
http://www.pacourts.us/OpPosting/Superior/out/a20014_09.pdfScott B. Cooper
scooper@schmidtkramer.com
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