In part, the Defendant asserted that it was immune from suit as the Plaintiff’s “statutory employer” under §302(a) of the Worker’s Compensation Act, 77 P.S. §46, or based upon the common law “borrowed employee” doctrine.The court found that issues of fact prevented it from fully deciding whether the Defendant was entitled to such tort immunity. Accordingly, that argument was overruled without prejudice to the Defendant’s right to raise the issue again at this summary judgment stage of the litigation.

The Defendant owner/operator also filed a demurrer to the Plaintiff’s corporate negligence claim on the basis that the Defendant allegedly did not owe any duty of care to the Plaintiff.

Judge Nealon noted that, since the Plaintiff alleged that the Defendant owner/operator had breached its duty to formulate and implement adequate safety procedures and polices and to provide a safe work environment, this demurrer was denied.

The Defendant requested, pursuant to Pa. R.C.P. 1006(d)(1), a transfer of venue to the Cumberland County Court of Common Pleas based upon forum non conveniens grounds.

The court noted that, given that the Defendant has not submitted any affidavit from any prospective witness, or some other form of evidence, establishing that Lackawanna County is a vexatious or oppressive forum, the Defendant had not satisfied its heavy burden of proof warranting a transfer of venue from the Plaintiff’s chosen forum. As such, this petition seeking a transfer of venue under Rule 1006(d)(1) was denied.

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