Martin v. Lancaster Battery Co., Inc.

• Court: United States State Supreme Court of Pennsylvania
• Citation: 606 A.2d 444,530 Pa. 11
• Parties: Joseph H. MARTIN, Sr. and Patricia J. Martin, husband and wife, Appellees, v. LANCASTER BATTERY COMPANY, INC. and Stuart C. Manix, and R.A. Boben, Jr., M.D. and Lancaster Pediatric Associates, Ltd. Appeal of LANCASTER BATTERY CO., INC., and Stuart C. Manix.
• Decision Date: 05 May 1992

Page 444

606 A.2d 444 530 Pa. 11 Joseph H. MARTIN, Sr. and Patricia J. Martin, husband and
wife, Appellees,
v.
LANCASTER BATTERY COMPANY, INC. and Stuart C. Manix, and
R.A. Boben, Jr., M.D. and Lancaster Pediatric
Associates, Ltd.
Appeal of LANCASTER BATTERY CO., INC., and Stuart C. Manix. Supreme Court of Pennsylvania. Argued Dec. 6, 1991.
Decided March 18, 1992.
Reargument Denied May 5, 1992.

Page 445

[530 Pa. 12] David L. Ashworth, Lancaster, for appellants.

James W. Evans, Harrisburg, for Boben, M.D. and Lanc. Ped. Assoc.

Wayne C. Parsil, Lancaster, Dale E. Anstine, York, for Jos. and Patricia Martin.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.

[530 Pa. 13] OPINION OF THE COURT

LARSEN, Justice.

This appeal arises from a Superior Court order which reversed the order of the Court of Common Pleas of Lancaster County sustaining the preliminary objections filed by the appellants, 402 Pa.Super. 663, 578 A.2d 44. The issues presented for our consideration are (1) whether the exclusivity provision of the Workmen's Compensation Act ¹ bars a personal injury action against an employer where the injured employee alleges that the employer's fraudulent misrepresentation of medical test results caused a delay in ameliorative treatment which delay resulted in the aggravation of a work-related injury; and (2) whether the appellees, Joseph H. Martin, Sr. and Patricia J. Martin, pleaded facts sufficient to support an action for fraudulent misrepresentation.

The facts of the case as set forth in the complaint filed by the appellees are as follows. ² At all times relevant to appellees' allegations, appellant Stuart C. Manix (Mr. Manix) was a part owner and manager of the Lancaster Battery Company, Inc. Appellant Lancaster Battery Company, Inc. (LBC) manufactured automotive/truck wet storage[530 Pa. 14] batteries. The manufacturing process involved extensive employee exposure to lead dust and fumes. Federal safety regulations require that employees in such working environments be tested on a regular basis for lead content in their

Page 446

blood. Appellee Joseph H. Martin, Sr. (Mr. Martin) was employed by LBC, and his blood was tested along with the other employees of LBC who were exposed to lead. Mr. Manix, who oversaw and administered the blood testing at LBC, willfully and intentionally withheld from Mr. Martin the results of Mr. Martin's blood tests between January 1, 1982, and July, 1985. In addition, Mr. Manix intentionally altered blood test results before forwarding the results to Mr. Martin. Subsequently, Mr. Martin was diagnosed with chronic lead toxicity, lead neuropathy, hypertension, gout, and renal insufficiency. The severity of his condition would have been substantially reduced if his employer had not perpetrated a delay by failing to accurately report the elevated levels of lead in Mr. Martin's blood.

Mr. Martin and his wife filed a complaint and an amended complaint in the Court of Common Pleas of Lancaster County against multiple defendants including LBC and Mr. Manix. ³ Count I of the amended complaint alleged the intentional and willful misconduct of Mr. Manix. Count II of the amended complaint alleged the liability of LBC on the basis of respondeat superior. ⁴ Count V of the amended complaint set forth a derivative loss of consortium claim against all defendants on behalf of Mr. Martin's wife. Subsequently, LBC and Mr. Manix filed preliminary objections in the nature of a demurrer to the appellees' amended complaint. The trial court sustained the objections, striking [530 Pa. 15] Counts I, II and those portions of Count V which derived from Counts I and II, and dismissing LBC and Mr. Manix as defendants in the case.

Appellees filed an appeal to the Superior Court which reversed the trial court order and remanded for further proceedings. The Superior Court determined that the cases cited by the trial court to support its decision regarding the exclusivity issue were not applicable herein and found that the act of withholding blood test results from Mr. Martin thereby concealing his injury from him was not covered by the exclusivity provision of the Workmen's Compensation Act. Thus, the Superior Court held that the appellees' claim of alleged fraudulent misrepresentation was actionable at common law. Superior Court further determined that the appellees had pleaded facts sufficient to support an action for fraudulent misrepresentation. We granted appellants' petition for allowance of appeal, and we now affirm the decision of the Superior Court.

We agree with the Superior Court that the cases cited by the trial court regarding the exclusivity issue are not applicable to the instant action. In sustaining LBC's preliminary objections, ⁵ the trial court cited this Court's decision in Poyser v. Newman & Co., 514 Pa. 32, 522 A.2d 548 (1987). In that case, we held that the exclusivity provision of the Workmen's Compensation Act precluded an employee from bringing an action against his or her employer for a work-related injury caused by the employer's willful and wanton disregard for employee safety as manifested by the employer's fraudulent misrepresentation of factory safety conditions[530 Pa. 16] to federal safety inspectors.

Page 447

Poyser is distinguishable from the case presently before the Court in that the fraudulent misrepresentation in Poyser was made to a third party and was not made to the injured employee. In the case sub judice, it has been alleged that the fraudulent misrepresentation was made directly to the employee. Moreover, Poyser did not involve a claim for the aggravation of a work-related injury as is the case herein.

The trial court further cited this Court's decision in Barber v. Pittsburgh Corning Corp., 521 Pa. 29, 555 A.2d 766 (1989). That case is also inapposite in that fraudulent misrepresentation and aggravation of a pre-existing work-related injury were not raised as issues in the employees' complaint against Pittsburgh Corning Corp.

Courts in other jurisdictions have considered the exclusivity issue presently before this Court and some have determined that the applicable workmen's compensation statute is not the exclusive remedy for the aggravation of an employee's work-related injury where the employer's fraudulent misrepresentation has been alleged. See, e.g., O'Brien v. Ottawa Silica Co., 656 F.Supp. 610 (E.D.Mich.1987); Johns-Manville Products Corp. v. Superior Court, 27 Cal.3d 465, 612 P.2d 948, 165 Cal.Rptr. 858 (1980); Millison v. E.I. du Pont de Nemours & Co., 226 N.J.Super. 572, 545 A.2d 213, aff'd, 115 N.J. 252, 558 A.2d 461 (1988); and Delamotte v. Midland Ross Corp., 64 Ohio App.2d 159, 411 N.E.2d 814 (1978)....