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MARTIN v. RECKER

380 Pa.Super. 527 (1988)

552 A.2d 668

William C. MARTIN, III and Louise Martin, His Wife, v. Robert R. RECKER, Individually and d/b/a Recker Transfer Company, Appellant. William C. MARTIN, III and Louise Martin, His Wife, v. Linda RONSTADT, Peter Asher Management, Inc., a Corporation, Jess S. Morgan & Co., Inc., a Corporation, DiCeasare/Engler/Stanley Theater Company, a Corporation Clark Transfer Company, Inc. a Corporation Showco, Inc., Mercy Hospital of Pittsburgh, a Nonprofit Corporation. Appeal of SHOWCO, INC. William C. MARTIN, III and Louise Martin, His Wife, Appellants, v. Robert R. RECKER, Individually and D/B/A Recker Transfer Company. William C. MARTIN, III, and Louise Martin, His Wife, Appellants, v. Linda RONSTADT, Peter Asher Management, Inc., a Corporation Jess S. Morgan & Co., Inc., a Corporation, DiCeasare/Engler/Stanley Theater Company a Corporation, Clark Transfer Company, Inc., a Corporation, Showco, Inc., Mercy Hospital of Pittsburgh, a Nonprofit Corporation.

Supreme Court of Pennsylvania.

Filed December 13, 1988.

Attorney(s) appearing for the Case

John M. Silverstri, Pittsburgh, for appellant in No. 1009 and appellee in No. 1049.

David J. Obermeier, Pittsburgh, for appellant in No. 1019 and appellee in No. 1059.

Jon L. Friedman, Pittsburgh, for appellants in Nos. 1049 and 1059, and appellees in Nos. 1009 and 1019.

Before DEL SOLE, POPOVICH and MONTGOMERY, JJ.

DEL SOLE, Judge*:

Presented for our review are cross-appeals arising from a personal injury action. Among other issues, we are asked to consider the propriety of the trial court's charge as it relates to the doctrines of assumption of the risk and vicarious employer liability. We will also address the applicability of the jurisdictional immunity found under the Workmen's Compensation Act.

The underlying action was commenced following...

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