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PALMOSINA v. LAIDLAW TRANSIT CO., INC.

445 Pa.Super. 121 (1995)

664 A.2d 1038

Constance PALMOSINA and Michael Palmosina, her husband, Appellees, v. LAIDLAW TRANSIT COMPANY, INC. and Frances M. Wilson, Appellants.

Superior Court of Pennsylvania.

Filed September 8, 1995.

Attorney(s) appearing for the Case

Brennan Hart, Pittsburgh, for appellants.

David M. Moran, Pittsburgh, for appellees.

Before WIEAND, DEL SOLE and CERCONE, JJ.

WIEAND, Judge:

In this appeal, we are asked to correct a legislative oversight appearing in the initial draft of the Motor Vehicle Financial Responsibility Law.1 The trial court, applying literally the language of the statute and the substantive law of this Commonwealth, held that a pedestrian employee could effect a double recovery from the third party tortfeasor even though she had previously been paid benefits by her employer's workers...

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