Trial Court Grants Summary Judgment Based on Borrowed Servant Doctrine

In the case of Almonte v. Roaring Creek Egg Farm, No. 2019-CV-03731 (C.P. Luz. Co. Oct. 7, 2026 Pierantoni, J.), the court granted various Motions for Summary Judgment filed by various Defendants in a construction accident case.

According to the Opinion, the Plaintiff, while working as a temporary construction laborer, allegedly fell approximately three (3) stories through an opening of a building that was being constructed and sustained injuries as a result.

One of the Defendants, Hershey Equipment Company, was granted summary judgment under the borrowed servant doctrine.

The Hershey Equipment Company asserted that, based upon the record before the court, the Plaintiff was its borrowed servant and, therefore, Hershey Equipment Company, was immune from the tort lawsuit under the Worker’s Compensation Act.

The court agreed and granted this Defendant summary judgment on this basis.

Anyone wishing to review a copy of this decision may click this LINK.


I sending thanks to Attorney Ryan McBride of the Scranton office of the Weber Gallagher law firm for bringing this case to my attention.

Source of image:  Photo by Josh Olalde on www.unsplash.com.