(DOWNLOAD) "Forum Insurance Co. v. Allied Security Inc." by United States Court of Appeals for the Third Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Forum Insurance Co. v. Allied Security Inc.
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 24, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Vito Vinciguerra, a security guard, attacked and killed Ronald F. Trahey, his fellow employee, while both were on assignment for their employer, Allied Security, Inc. (Allied). In a wrongful death action brought by the estate of Trahey against Allied in the Philadelphia County Court of Common Pleas, the jury found that Vinciguerra killed Ronald Trahey "because of reasons personal to him and not directed against the victim as an employee or because of his employment." App. at 278. The parties agree that this finding established that the killing was not covered by the Pennsylvania Workmens Compensation Act, which provides that "an injury caused by an act of a third person intended to injure the employe because of reasons personal to him, and not directed against him as an employe or because of his employment" does not qualify as an "injury arising in the course of employment" for purposes of the Act. Pa.Stat.Ann. tit. 77, § 411(1) (Purdon Supp. 1988). The jury found that negligence on the part of Allied "in the hiring, retention, placement, supervision or control" of Vinciguerra was a substantial factor in Traheys death, and assessed $800,000 in damages against the company. App. at 278-79.