Article ID: 72e3543a5d3ce77861142a24efd7c8cfd61d35c1c182b61897904c354f6446d6
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URL: https://www.businessinsurance.com/split-penn-high-court-cites-triable-issues-in-workers-tort-suit/
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Split Penn. high court cites triable issues in worker’s tort suit - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Split Penn. high court cites triable issues in worker’s tort suit by Work Comp Central Workers Comp Coverage Feb 23, 2026 A divided Pennsylvania Supreme Court on Wednesday ruled that factual disputes prevent summary judgment in a workplace injury lawsuit brought by a laborer injured in a skid loader accident. The case, Brown v. Gaydos , stems from a September 2016 incident on John Brown’s first day working for American Concrete Solutions Inc. Mr. Brown was crushed when the arm of a skid loader pinned him between the cab and the bucket arm. The skid loader was owned personally by George Gaydos, who had operated Gaydos Construction as a sole proprietorship before forming ACS with his cousin, Mark Raymond. After creating ACS, both men continued to individually own their equipment and agreed to supply it to ACS as needed. The company did not own or lease the machinery. On the day of the accident, Mr. Gaydos was at the jobsite earlier but left before Mr. Brown arrived to pay a vendor for ACS. Brown later collected workers compensation benefits from ACS and filed a negligence lawsuit against Gaydos individually. Mr. Gaydos sought summary judgment, arguing that the Pennsylvania Workers Compensation Act barred the suit because he was Mr. Brown’s co-employee and therefore immune from civil liability. A trial court agreed, and a three-judge Superior Court panel affirmed. But the full Superior Court reversed, finding a material factual dispute as to whether Mr. Gaydos was acting in the “same employ” as Mr. Brown. The Supreme Court affirmed that ruling. The majority held that co-employee immunity applies only to acts occurring “while” the alleged tortfeasor was in the same employ as the injured worker. The justices found a genuine issue of material fact as to whether Mr. Gaydos’ alleged negligence in maintaining and inspecting the skid loader occurred in his role with ACS or in his separate capacity as the equipment’s individual owner. One justice, concurring, said the outcome depends on whether Mr. Gaydos was acting within the scope of his employment with ACS at the time of the alleged negligent acts. If so, ACS would be vicariously liable and immunity would apply; if not, Mr. Brown may pursue his civil claim. One justice dissented, arguing there was no real dispute: both men were furthering ACS business at the time of the accident, and immunity should apply. WorkCompCentral is a sister publication of Business Insurance. More stories here . 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