Pa. Supreme Court Finds Issues of Fact Regarding Immunity Defense in Third Party Liability Case Arising Out of a Work Injury

In the case of Brown v. Gaydos, No. 22 WAP 2024 (Pa. Feb. 18, 2026) (Op. by Mundy, J.)(Brobson, J., concurring and dissenting)(Wecht, J. dissenting), the Pennsylvania Supreme Court addressed the issue of whether the trial court’s entry of summary judgment in favor of a Defendant employer in a third party litigation based upon §205 of the Workers’ Compensation Act, 77 P.S. §72, which provides for co-employee immunity, was appropriate.

The court noted that, §205 of the Workers' Compensation Act provides that, “[i]f disability or death is compensable under this act, a person shall not be liable to anyone at common law or otherwise on account of such disability or death for any act or omission occurring while such person was in the same employ as the person disabled or killed, except for intentional wrong.

The court found that there were no genuine issues of material fact regarding whether the Defendant employee’s allegedly negligent acts or omissions occurred while he was in the same employ as the Plaintiff that supported the trial court's denial of summary judgment. As such, the court remanded the case back to the trial court for further proceedings.

According to the Opinion, this matter involved a workplace accident that occurred when the Plaintiff decedent was fatally injured by a skid loader which was owned by the Defendant employer. The decedent’s supervisor was not on the premises at the time of the incident.

After securing workers' compensation from his employer, the estate of the decedent pursued a third party claim against his employer and asserted that, among other acts, the employer and its employees were negligent in maintaining the skid loader and in failing to train or supervise the company’s employees in operating the machine.

The employer filed a Motion for Summary Judgment asserted that the Workers’ Compensation Act provided immunity from civil suit as either the decedent’s employer or co-employee.  In this decision, the Supreme Court ruled that issues of fact should have compelled the trial court to deny the Motion.

Anyone wishing to review a copy of the Majority Opinion for this decision may click this LINK.

Justice Brobson's Concurring and Dissenting Opinion can be viewed HERE.

Justice Wecht's Dissenting Opinion can be viewed HERE.


Source: Article – “Pa. Supreme Court Rules Against Broad Application of Co-Employee Immunity Under the Workers’ Comp Act, “ By Riley Brennan of The Legal Intelligencer (Feb. 18, 2026).