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HECKENDORN v. CONSOLIDATED RAIL CORP.

502 Pa. 101 (1983)

465 A.2d 609

Fred M. HECKENDORN and Mary Anne Heckendorn, Plaintiffs, v. CONSOLIDATED RAIL CORPORATION, Defendant-Appellant, v. EVANS PRODUCTS COMPANY, Additional Defendant, and The Carnation Company, Additional Defendant-Appellee.

Supreme Court of Pennsylvania.

Decided September 15, 1983.

Attorney(s) appearing for the Case

W.E. Shissler, David C. Eaton, Harrisburg, for defendant-appellant.

Harold S. Irwin, Jr., Carlisle, for Fred M. Heckendorn, et ux.

Edward E. Knauss, IV, Harrisburg, for Evans Products Co.

William F. Martson, Thomas J. Williams, Carlisle, for The Carnation Co.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.

OPINION OF THE COURT

ROBERTS, Chief Justice.

At issue on this appeal is whether, in an action brought by an injured employee against a third-party tortfeasor, the employer, although statutorily immune from liability, may nonetheless be joined by the third party for the purpose of apportioning the employer's negligence with the negligence of the third party. Both the trial court and the Superior Court held joinder of the employer as a defendant for any purpose...

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