Mark Sheridan Prevails on Daycare Center Defense – Employee’s Status Prohibits Joinder of Employer

A Monroe County, PA, Plaintiff alleged she fell on wet carpeting resulting from a roof leak in a commercial building. Our daycare center client, and the plaintiff’s employer, was joined in the case as a third party defendant by the shopping center owner who alleged the daycare center was responsible for maintaining the HVAC system and that system was the source of the water leak. Mark Sheridan argued in his Motion for Summary Judgment that plaintiff had received workers’ compensation benefits from her employer, the daycare center, that the PA WC Act prohibits joinder of the daycare center as a party, and that the lease agreement did not allow for the shopping center to circumvent the basic rule of law which holds that an employer cannot be civilly sued – or brought into a case as a third party – when that employer has provided worker’s compensation benefits. Motion for Summary Judgment granted.