Helinek v. Helinek
Decision Date | 09 January 1985 |
Parties | Matthew Todd HELINEK, Appellant, v. Frank J. HELINEK, Jr., Delva Associates, Inc., Ronald Landis and Edwin S. Bechtel, Inc. Matthew Todd HELINEK, Appellee v. Frank J. HELINEK, Jr., Delva Associates, Inc., Ronald Landis and Edwin S. Bechtel, Inc. Appeal of Ronald LANDIS and Edwin S. Bechtel, Inc. |
Court | Pennsylvania Superior Court |
William H. Kinkhead, Philadelphia, for appellant (at 1306), and appellee (at 1391).
Richard N. Shapiro, Norristown, for appellant (at 1391).
Richard T. Abell, Ambler, for appellees (at 1306).
Before McEWEN, DEL SOLE and POPOVICH, JJ.
Appellant, Matthew Todd Helinek, was a passenger in a car owned by his employer, Delva Associates, Inc., and driven by his father, Frank J. Helinek, an officer/employee of Delva Associates, when the car collided with a truck owned by Edwin S. Bechtel, Inc. and operated by its employee, Ronald Landis. Matthew Helinek instituted suit against Frank J. Helinek, Delva Associates, Ronald Landis and Edwin S. Bechtel, Inc. The trial court, after reviewing the pleadings, depositions, answers to interrogatories and admissions of record, granted summary judgment in favor of Delva Associates and Frank J. Helinek on the ground that suit against them was barred by Section 205 of the Workmen's Compensation Act. 1 The court concluded that Section 205 of the Act barred suit against these two defendants based upon the court's finding that Matthew Helinek had been injured while acting within the course and scope of his employment with Delva Associates. Appeals from the order granting summary judgment were undertaken by Edwin S. Bechtel, Inc., Ronald Landis and Matthew Helinek and consolidated by this Court. We now reverse the order entering judgment and remand for further proceedings.
Thorsen v. Iron and Glass Bank, 328 Pa.Super. 135, ---, 476 A.2d 928, 930-931 (1984). Accord Thompson Coal Co. v. Pike Coal Co., 488 Pa. 198, 202-04, 412 A.2d 466, 468-469 (1979); Day v. Volkswagenwerk Aktiengesellschaft, 318 Pa.Super. 225, 231, 464 A.2d 1313, 1316 (1983).
It is important to note, moreover, that " " Christman v. Dravo Corporation, 319 Pa.Super. 378, 380, 466 A.2d 209, 210 (1983) quoting Wilk v. Haus, supra, 313 Pa.Super. at 482, 460 A.2d at 290 (emphasis supplied). The expressions of this Court in both Christman and Wilk are, of course, basic to our decision of this appeal and it is appropriate to note that the eminent Judge William T. Nicholas did not at the time of his decision have the benefit of those opinions for his consideration.
The pleadings, depositions, affidavits, answers to interrogatories and admissions of record in the instant case establish the following undisputed facts: (1) Matthew Todd Helinek was a passenger in a car owned by his employer and operated by his father, a co-employee, when he was injured; (2) Frank J. Helinek was transporting Matthew Helinek to the home of his brother and co-employee so that he could be transported to the job site in another company car along with other co-employees; (3) nine days prior to the accident the father had begun the practice of transporting Matthew Helinek from the family home where they both resided to his brother's home each morning due to the revocation of Matthew's driving privileges; (4) Frank J. Helinek was President of Delva Associates and Matthew Helinek was employed by Delva Associates as a laborer at a weekly salary of $100.00. Based upon these undisputed facts and in reliance upon the majority opinion of this Court in Sylvester v. Peruso, 286 Pa.Super. 225, 428 A.2d 653 (1981), the trial court found that Matthew Helinek was acting within the course and scope of his employment at the time of the accident.
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