O'Donnell Law

Be Careful When Entrusting Dangerous Objects

Samuel O'Connell — Thu, 14 May 2026 18:16:21 +0000

Written by Attorney Neil O’Donnell and Attorney Connor Graham

You should be careful when entrusting dangerous instruments to another individual. A wrong choice could land you with serious consequences.

In Louisiana, Charles Ford is learning this lesson the hard way. When an unnamed woman was admitted to the hospital, she gave Ford, a convicted felon, her gun to hold onto.

Ford decided to hide the gun under the seat of his truck. Days later, he noticed that the gun was missing.

Ford suspected that Shamar Elkins had stolen the gun, particularly as Elkins was one of the few people who knew of the hiding location. Upon confronting Elkins, Ford was taken aback by his abrasive attitude and let the matter drop.

That was the wrong course of action. Elkins would later use that gun to kill eight children. Elkins himself died in a confrontation with police. With the perpetrator dead, the prosecutor’s office turned its full attention to Ford. He now faces up to 15 years in federal prison for firearm possession as a felon and up to 5 years on a false statement charge.

What Is Negligent Entrustment?

This story is a striking example of negligent entrustment, at least under Pennsylvania law. Ford was wrong for letting Elkins keep the gun, and the woman may have been wrong in giving Ford the gun to begin with.

In Pennsylvania, an entrustor may be liable for entrusting an instrumentality if:

The entrustor knew or should have known that the entrusted individual was likely to use the instrumentality in an unreasonable manner; and
The entrusted individual was actually negligent in their actions when using the instrumentality.

When Negligence Becomes Recklessness

Negligence can rise to recklessness where there was bad motive, or where the entrustor knew or should have known of a strong possibility that harm would result from the entrustment.

A finding of recklessness may lead to additional damages being imposed on the liable defendant or defendants.

Negligent Entrustment Is Not Limited to Firearms

Negligent or reckless entrustment is not limited to guns. In fact, these cases often involve motor vehicles.

Entrusting a vehicle to a dangerous, reckless, or unqualified driver may expose you to liability if that person causes a motor vehicle collision.

The moral of the story is simple: exercise caution when lending dangerous items, vehicles, or other potentially harmful instruments to others.

Sources

Makenzie Boucher and Amanda Lee Myers, “Man charged with supplying gun used in Louisiana shooting,” USA Today, April 23, 2026.
Phillips v. Lock, 86 A.3d 906, 913 (Pa. Super. 2014).
Archibald v. Kemble, 971 A.2d 513, 517 (Pa. Super. 2009).

Injured Because of Someone Else’s Negligence?

If you or someone you love has been injured because of another person’s careless or reckless actions, O’Donnell Law Offices is here to help. Our team has spent decades fighting for injured individuals and families throughout Northeastern Pennsylvania.

Consultations are always free, and you never pay a fee unless we win.

Contact O’Donnell Law Offices

The post Be Careful When Entrusting Dangerous Objects first appeared on O'Donnell Law.

Bayer Settlement Offer Brings Plaintiffs To A Crossroads

Samuel O'Connell — Thu, 07 May 2026 21:33:54 +0000

Bayer has become a frequent presence in courts in recent years, for all the wrong reasons. The company acquired Monsanto in 2018, and with it came the rights to the weedkiller Roundup.¹ Those rights were accompanied by substantial liabilities. Roughly 200,000 people have sued Bayer over the weedkiller’s alleged propensity to cause non-Hodgkin lymphoma, a type of blood cancer.

The problematic ingredient in Roundup appears to be glyphosate.² Glyphosate has been a popular herbicide in the U.S. since the 1970s.The International Agency for Research on Cancer identified it as a probable cancer-causing substance. The EPA believes that glyphosate is safe when used as directed, which is why it is still commercially available in the U.S.

Bayer has resolved around 130,000 claims, but still faces tens of thousands of litigants. This prompted Bayer to propose a $7.25 billion settlement offer, pending judicial approval. The proposal offers monetary compensation to anyone who used Roundup before February 17, 2026 and was diagnosed with non-Hodgkin lymphona within 16 years. The settlement would bar plaintiffs from active and future claims against the company relating to the cancer.

Looming large over the offer is the United States Supreme Court as it deliberates over the legality of the tens of thousands of lawsuits facing Bayer. The question presented to the Court relates to federal preemption over pesticide warning labels. Certain states added cancer warnings without EPA approval. A federal circuit split prompted the Court to address the issue. The Court is expected to reach a decision in July.³ A favorable ruling to Bayer could see the dismissal of thousands of viable claims.

Patrick Thomas and Erin Mulvaney, These Cancer Victims Could Sink Bayer’s Roundup Settlement , The Wall Street Journal, April 21, 2026.
Natalie Sherman, Bayer offers $7.25b to settle weedkiller cancer claims, BBC News, February 17, 2026.
Greg Stohr, Bayer Gets Mixed Reception at Supreme Court on Roundup Suits , Bloomberg, April 28, 2026.

About the Authors

Attorney Neil T. O'Donnell

Neil T. O'Donnell is the founder of O'Donnell Law Offices and a Board Certified Civil Trial Specialist. For more than 35 years, he has represented injured clients throughout Northeastern Pennsylvania, handling complex personal injury, workers’ compensation, and civil litigation matters.

Connor Graham

Connor Graham is an attorney at O'Donnell Law Offices who assists clients across a variety of litigation matters. His work includes legal research, writing, and advocacy related to personal injury and civil litigation issues affecting individuals and families throughout Pennsylvania.

Injured? Let O'Donnell Law Offices Help.

If you or a loved one has been harmed due to negligence, dangerous products, workplace injuries, or other serious accidents, the attorneys at O'Donnell Law Offices are here to help you understand your rights. Our team has represented individuals and families throughout Wilkes-Barre, Scranton, and Northeastern Pennsylvania for more than 35 years.

We offer free consultations, and there is never a fee unless we recover compensation on your behalf.

Schedule a Free Consultation

The post Bayer Settlement Offer Brings Plaintiffs To A Crossroads first appeared on O'Donnell Law.

Tractor-Trailer Weight Limits: Don’t Overburden Our Roads

Samuel O'Connell — Fri, 24 Apr 2026 13:46:13 +0000

By Neil T. O’Donnell and Connor Graham

Congress has begun its semi-annual discussion of increasing the weight limits of tractor-trailers.

The trucking industry has a lot of weight to throw around in lobbying. Driving/sales work is far and away the number one occupation for young U.S. men without a college degree. Big business utilizes its position as one of the largest industries to push for reforms that benefit profitability.

The Proposed Increase

A weight increase, the industry purports, would boost productivity and allow for fewer trucks on the road.

But the recent proposed increase — from 80,000 pounds to 91,000 pounds — comes with even heavier costs. Trucking accounts for a comparatively higher percentage of mileage-related costs, including pavement damage, congestion, and noise, primarily due to the vehicle weight and the associated precautions to support that weight.

One would think a roughly 12% increase in weight capacity would be further detrimental to public highways.

Would Heavier Trucks Really Mean Fewer Trucks?

It’s also dubious that a weight increase would lead to fewer trucks on the road.

Much like why increasing the number of lanes does not eliminate traffic, an increase in storage capacity may cause businesses to take more product throughout the year for transport. A change in capacity would prompt a change in behavior to match.

The change may prompt trucking companies to take on more goods for travel.

The Employment Impact

Lastly, it is doubtful that trucking unions would accept such a shake-up in employment. Should the weight increases lead to fewer trucks, then it stands to reason that fewer workers would be needed to man the trucks.

If that were to happen, the government would have to contend with the noticeable loss of employment opportunities for high-school educated men.

Pennsylvania Roads Are Burdened Enough

A survey conducted by the Coalition of Bigger Trucks found that 77% of respondents in Pennsylvania’s 8th Congressional District opposed a weight-limit increase for tractor-trailers.

Further, 88% were concerned with deteriorating highway conditions associated with heavier vehicles.

Pennsylvania’s roads are burdened enough, and the people understand this.

Let’s not make our highway situation worse.

About O’Donnell Law Offices

O’Donnell Law Offices represents individuals and families injured in truck accidents throughout Wilkes-Barre, Scranton, and Northeastern Pennsylvania. For more than 35 years, our attorneys have handled cases involving tractor-trailers, commercial trucks, and other large vehicles.

Truck accident cases often involve serious injuries and complex liability. Our Wilkes-Barre and Scranton truck accident lawyers work to protect the rights of those affected and pursue meaningful results.

If you or a loved one has been injured in a truck accident, contact O’Donnell Law Offices to schedule a free consultation directly with an attorney.

The post Tractor-Trailer Weight Limits: Don’t Overburden Our Roads first appeared on O'Donnell Law.

Beware of New Scams for Older Adults

Samuel O'Connell — Thu, 16 Apr 2026 16:21:28 +0000

Authors: Attorney Neil O’Donnell and Attorney Connor Graham

Scammers are increasingly targeting adults over the age of 60.

The FBI reports that scams on the elderly have amounted to $4.9 billion in losses, a 40% increase from a year prior.¹

People perceive victimhood as shameful, prompting many analysts to suggest that the actual figure of losses is much higher. The advance of AI is heavily contributing to the increase in scams. So it is important to know how to identify a potential scam and take prevented measures to protect your hard-earned financial assets.

Set limits on withdrawals.

Banks will let you place these agreed-upon limits and set up fraud alerts as a method of protecting yourself. Establish a contact banks can reach in case of suspicious transactions. Also, always independently verify the phone number you are dealing with when discussing financial matters.

Reporting potential fraud to the police may also be helpful.

Discard documents with important financial information by shredder. One dark, albeit odd, example occurred where a widower in his 90s noticed a lower than expected figure in his account balance. Upon investigation, a man was going through the elder’s garbage and found voided checks with banking and routing numbers, and used that information to forge and cash phony checks.

Scammers may attempt to build confidence with their victim, or pretend that exigent circumstances exist that necessitate handing over important financial information. If you ever find yourself speaking with an unknown entity about financial matters, make sure to stay calm and ask yourself if this is a legitimate scenario. Oftentimes, a clearer mind will prevail.

Sources

¹ Clare Ansberry, Protect Yourself From Scams that Target Older Adults , The Wall Street Journal (March 12, 2026).

About O’Donnell Law Offices

O’Donnell Law Offices has been serving families throughout Wilkes-Barre, Scranton, and communities across Northeast Pennsylvania for over 35 years. The firm is dedicated to protecting the rights of individuals and families, with a focus on holding insurance companies accountable and securing the compensation clients deserve.

If an elder in your life—such as a parent or grandparent—has been injured due to negligence, unsafe conditions, or another preventable incident, it is critical to understand your legal options. Cases involving elderly injury, nursing home negligence, or personal injury in Wilkes-Barre, Scranton, or anywhere in Northeast Pennsylvania require experienced legal guidance and a firm that knows how to stand up to insurance companies.

The post Beware of New Scams for Older Adults first appeared on O'Donnell Law.

State Farm Scrutinized for Its Response to the 2025 California Wildfires

Samuel O'Connell — Thu, 16 Apr 2026 01:15:44 +0000

Authors: Attorney Neil O’Donnell and Attorney Connor Graham

State Farm has become the focus of scrutiny due to its response to the 2025 California wildfires.

The 2025 wildfire season was particularly destructive in California. The January Eaton and Palisades fires ranked as two of the most destructive wildfires in State history.¹

For State Farm, California’s largest insurer, this meant dealing with claims amounting to billions of dollars.²

Insuring a historic wildfire season is not a cheap endeavor. Insurers take pains to assess whether each claim is covered under the insurance contract.³ To date, State Farm has paid around $5.7 billion in claims relating to the fires, and that figure is expected to rise to $7 billion. State Farm obtained an emergency 17% increase in homeowner’s insurance premiums. According to the insurer, State Farm’s California unit was stressed to the brink of collapse.

Not every insurance customer is satisfied with company performance. The disaster’s magnitude translates to delays and denials of claims in affected regions. Those negatively affected by the insurance process turn to their politicians for solutions to this growing crisis. The politicians’ solution was to ask for aid from Federal authorities. This resulted in the Trump Administration taking a greater focus on the issue.

The EPA was tasked to list insurers that acted “swiftly, courageously, and bravely in order to make their clients happy[.]” Apparently, the EPA is building this list based on feedback from locals and their leaders. It “is for the President to decide” what happens to the insurers rated unsatisfactory. Unfortunately for State Farm, many insureds are unsatisfied, claiming State Farm had acted in bad faith.

As for now, State Farm denies allegations of bad faith in the handling of these devastating fire claims. In the coming months we will see if the assertions of State Farms’ bad faith misconduct will hold water.

Sources

¹ American Red Cross, California Wildfires 2025, May 2025. View Report . Accessed on April 9, 2026.

² The total damages were roughly $40 billion.

³ Laura J. Nelson and Jean Eaglesham, Trump Rebukes State Farm Over Wildfires, The Wall Street Journal (April 3, 2026).

About O’Donnell Law Offices

O’Donnell Law Offices has been serving the Wilkes-Barre and Scranton communities for over 35 years, advocating for individuals and families when it matters most. The firm specializes in fighting insurance companies to ensure clients receive the full and fair compensation they are entitled to under the law. When insurance companies delay, deny, or underpay claims, O’Donnell Law Offices is committed to standing by your side and fighting to get you the justice you deserve.

The post State Farm Scrutinized for Its Response to the 2025 California Wildfires first appeared on O'Donnell Law.

Social Media Negligence

Samuel O'Connell — Wed, 01 Apr 2026 20:11:35 +0000

Author: Neil O'Donnell and Connor Graham

A California jury recently issued a 7-figure verdict against social media giants that were accused of negligently designing their apps to be addictive to adolescents and children.¹

In terms of profits and audience capture, social media has been an economic success. A 2024 Pew Research article found that one-third of teen use these sites “constantly.”² That same report noted nearly all teens, 96% in fact, use the internet daily. YouTube, owned by Google, is reportedly used by 90% of US teens ages 13 to 17, making it the most popular site. Meta’s offerings have a strong hold on the market. 61% of the aforementioned teens use Instagram; 51% Snapchat; 32% Facebook; 23% WhatsApp; and 6% Threads.

Social media companies receive frequent criticism for the potentially addictive nature their technology possesses, especially when it comes to children. Many fear that the algorithms behind these products (ie., how the sites determine what videos to suggest to users) are addictive to children, which are detrimental to their mental health and development. About 81% of US adults favor parental consent for minors to use social media (only 45% of teens are in favor of such measures).³ Similarly, around 70% of adults support age verification and time limits for minors using social media sites.

Social media giants have avoided potential liability through legislation such as Section 230 of the Communications Decency Act. Such legislation protects companies from the content posted on their sites. In essence, the host company is unlikely to be found liable for objectionable content on their platforms posted by anonymous users.

The recent case out of California cleared this hurdle by focusing on design rather than content. Plaintiff’s counsel argued that the companies negligently designed the apps and failed to effectively warn about the dangers of their products. This argument was a winner for the jury, which awarded $3 million to the Plaintiff in compensatory damages, and issued $3 million in punitive damages. Meta and Google were found 70% and 30% responsible for Plaintiff’s injuries, respectively.

The case is an important bellwether as thousands of similar lawsuits across the country are being brought against social media companies. While $6 million is effectively nothing to these companies, the magnitude of litigation by victims alleging serious harm is certainly compelling.

Sources & References

¹ Meghan Bobrowsky, Erich Schwartzel, and Katherine Sayre, Meta, YouTube Found Addictive, Harmful , The Wall Street Journal (March 26, 2026).
² Michelle Faverio and Olivia Sidoti, Teens, Social Media and Technology 2024 , Pew Research Center. Accessed March 30, 2026.
³ Michelle Faverio and Monica Anderson, 81% of U.S. adults – versus 46% of teens – favor parental consent for minors to use social media , Pew Research Center. Accessed March 30, 2026.

About O'Donnell Law Offices

O’Donnell Law Offices is a trusted personal injury and workers’ compensation law firm proudly serving clients throughout Wilkes-Barre, Scranton, and Northeastern Pennsylvania for more than 35 years. With a strong reputation built on results, integrity, and personalized service, our attorneys are committed to helping individuals and families navigate some of life’s most challenging moments.

Our legal team represents clients in a wide range of cases, including car accidents, truck accidents, workplace injuries, medical malpractice, Social Security Disability claims, and premises liability matters. Whether you’ve been injured on the job or due to someone else’s negligence, we provide experienced guidance and aggressive advocacy every step of the way.

At O’Donnell Law Offices, we combine deep local roots with a modern, client-focused approach. We understand the unique needs of individuals in Luzerne County, Lackawanna County, and surrounding communities, and we are proud to stand alongside our neighbors when they need it most.

If you’ve been injured in Wilkes-Barre, Scranton, or anywhere in Northeastern Pennsylvania, our team is here to help you pursue the compensation you deserve. Contact O’Donnell Law Offices today or visit odonnell-law.com to learn more about how we can assist you.

The post Social Media Negligence first appeared on O'Donnell Law.

Don’t Skimp on Fire Safety

Samuel O'Connell — Fri, 20 Mar 2026 19:37:27 +0000

By attorney Neil T. O'Donnell

There has been a growing trend among states to ease fire safety rules.

Everyone pictures residential buildings possessing two fire escape stairways on either side of the structure. That concept was adopted roughly in the 20th century because those units were not well-equipped to handle fires. Today, standardized building codes typically default to two staircases as a minimum means of egress for occupational buildings.

Single-stairwell buildings are allowed under certain circumstances. However, some legislatures are looking to open more buildings to single-stairwells in the interest of lessening development costs.

Washington, for example, has recently permitted single-staircases for buildings up to six feet. Colorado allows the same for buildings up to five stories. Proponents of this shift often point to features of modern buildings, such as better sprinklers and fire-proof materials, which make developments safer. The chief concern, of course, is construction of safe and affordable housing. Proponents argue easing the stairway regulations would be a step toward freeing up space.

Fire organizations such as the IAFF and Metro Fire Chiefs are less inclined to this idea. These organizations have been making an effort to prevent single-stairwells from becoming the norm. In case of fire, firefighters would have to use the same stairwell that families use to go down. While fire alarms and sprinklers have improved, they are still imperfect systems. Having multiple methods of egress is important because stairways may become compromised by exceptional levels of smoke.

Developing housing is important, but we should not sacrifice safety in the process.

Sources

1. See Section 1006.3.3 of the 2021 International Building Code.

2. Keith Schneider, Easing Fire Safety Rules to Cut Costs, The New York Times (March 12, 2026).

If you’ve been injured due to unsafe property conditions, contact O’Donnell Law Offices—we can help.

Premises liability cases arise when unsafe property conditions lead to serious injuries—whether from slip and falls, inadequate maintenance, poor lighting, or negligent security. Property owners have a responsibility to keep their spaces safe, and when they fail to do so, the consequences can be life-altering.

At O’Donnell Law Offices, our team has extensive experience handling premises liability claims and advocating for individuals and families who have been injured due to unsafe conditions. Serving clients in Wilkes-Barre, Scranton, and throughout Northeastern Pennsylvania, we are committed to holding negligent parties accountable and helping our clients pursue the compensation they deserve.

About the Author

Neil T. O'Donnell is an experienced attorney at O’Donnell Law Offices, serving clients throughout Northeastern Pennsylvania. Neil is known for his thoughtful legal insight and commitment to helping individuals and families navigate complex legal matters. Through his writing, he provides commentary on important issues that impact safety, rights, and the broader community.

The post Don’t Skimp on Fire Safety first appeared on O'Donnell Law.

Think Your Online Search History Is Private? Think Again.

Samuel O'Connell — Mon, 16 Mar 2026 18:17:50 +0000

Author: Neil T. O’Donnell

Last December, Pennsylvania Supreme Court decided Commonwealth v. Kurtz, 348 A.3d 133 (2025). That case involved State Police obtaining a “reverse keyword search” warrant for Google search records generated during the week of a reported assault. In plain words, the police asked Google to figure out who was researching the victim on their service during the week of the assault. One year later, Google informed police that an IP address associated with the Kurtz residence ran those searches during the specified time period.¹

The police then obtained a discarded cigarette butt near the home and found that Kurtz’s DNA matched that found at the scene.

The Pennsylvania Supreme Court’s decision effectively means that there is no expectation of privacy in your internet search history in criminal cases, at least in the short term. Internet companies do not hold onto that history forever. However, the time frame can reach multiple years’ worth of information capable of being searched by an appropriate warrant. There is also the consideration of companies utilizing your data to adjust their algorithms.

The full implications of this decision to civil cases has yet to be determined. Stayed tuned.

¹ An IP address (“Internet Protocol”) is essentially like a phone number associated with your device connecting to a network.

About Neil T. O'Donnell

Neil T. O’Donnell is a trial attorney and founding partner of O’Donnell Law Offices in Wilkes-Barre, Pennsylvania. For more than three decades, he has represented individuals and families throughout Northeastern Pennsylvania in personal injury, workers’ compensation, and complex civil litigation matters. Known for his thoughtful analysis of emerging legal issues and his commitment to advocating for clients during difficult moments, Neil regularly writes about legal developments that may impact the public.

The post Think Your Online Search History Is Private? Think Again. first appeared on O'Donnell Law.

Internet Romance Scams: Love Is Blind

Samuel O'Connell — Wed, 11 Mar 2026 00:05:49 +0000

By Neil O’Donnell

Fraudsters have existed since time immemorial. One of the more recent time-tested forms of this deceit are romance scams. The scammer tricks the victim into surrendering their affection, and, over prolonged periods of time, uses that endearment to obtain money through false pretenses. These scams have been occurring for centuries, but the advent of the internet, and recently artificial intelligence, have made their stories more compelling. In a recent case, a Michigan man lost $3,000 to someone impersonating Jennifer Aniston.¹

Such events are not one-off occurrences, but part of an underground multi-billion dollar industry. Scam centers from countries such as India and Columbia hire employees, sometimes human trafficking victims, to carry out various aspects of the often prolonged scam. The industry obtained an estimated $1.16 billion within nine months in 2025 alone. Oftentimes these companies will lure victims through text or phone calls to build rapport. Once the relationship is established, they create a persona through actors or generative AI and trick victims so that they fall in love.

The scammer will begin to collect money once the connection is established. Up until recently this was done by having the victim send numerous gift cards, but companies have recently enacted increased protection to combat this method. Fraudsters compensate by having the victim learn how to transfer cryptocurrency, or they may resort to plain-old credit card theft.

How to Protect Yourself from Internet Romance Scams

Some important information to protect yourself. Scammers will eye potential victims of all ages, young or old, so long as there is money to steal. Be wary of unknown online presences which personally contact you and ask for your financial aid. Be wary if the individual says they cannot meet in person. Never send money to people you only communicate to through the internet or messaging services. Lastly, be careful of what information about yourself you post online because scammers use these intimate details to find their targets.

Footnote

¹ Mark Twain, Chapters From my Autobiography – IX, 184 The North American Review 1, 12 (January, 1907).

About the Author

Neil T. O’Donnell is an attorney at O’Donnell Law Offices with decades of experience representing individuals and families throughout Northeastern Pennsylvania. Throughout his career, Neil has built a reputation for strong advocacy and a commitment to helping people navigate complex legal issues.

At O’Donnell Law Offices, he focuses on protecting the rights of individuals who have been harmed by the negligence or misconduct of others. Neil and the team at the firm are dedicated to providing thoughtful legal guidance and pursuing the best possible outcomes for their clients.

The post Internet Romance Scams: Love Is Blind first appeared on O'Donnell Law.

Pennsylvania Supreme Court agrees that factual issues could allow for civil liability against co-worker

Michael O'Donnell — Fri, 06 Mar 2026 16:27:02 +0000

Author: Attorney Michael O’Donnell

On February 18, 2026, the Pennsylvania Supreme Court affirmed the Superior Court’s ruling reversing a Trial Court’s entry of summary judgment dismissing an injured man’s negligence lawsuit against his co-worker.

Brown v. Gaydos, begins as a result of September 1, 2016 incident where John Brown suffered injuries while working for American Concrete Solutions, Inc (ACS). Brown suffered crush injuries when the arm on a piece of industrial equipment, a skid loader, malfunctioned. There was no dispute that Brown was working for ACS at the time of injury and the workers’ compensation insurer for ACS paid benefits.

The skid loader was owned by George Gaydos, a part owner and a fellow employee at ACS. Factually significant, Gaydos owned, maintained, stored, and insured the skid loader individually and separate from his employment relationship with ACS. Gaydos occasionally loaned the skid loader to ACS for use in connection with ACS’s operations.

Section 72 of the Pennsylvania Workers’ Compensation Act (77 P.S. § 72) provides immunity from civil liability to a co-employee whose negligence caused injuries to a co-worker, so long as the injuries occur while the co-employee was in the same employ as the injured worker and acting within the course and scope of employment at the time of the incident.

Brown filed a negligence lawsuit against Gaydos in his individual capacity arguing that because Gaydos maintained the skid loader outside of his work with ACS, inspected, maintained, stored, and insured the skid loader in that individual capacity, and that because Gaydos was not present at ACS at the time of injury, that Gaydos did not enjoy the protections of co-employee immunity. The Trial Court sided with Gaydos finding that he was a co-employee of Brown and, as a result, was automatically immune from civil liability under Section 72. A three (3) Judge panel of the Superior Court reversed finding a factual dispute existed as to whether Gaydos and Brown were acting “acting in the same employ” when Brown was injured. The Superior Court found facts presented by Brown could establish co-employee immunity does not apply because of the custody and control over the skid loader. It was also noted that because Gaydos was not on the ACS job site at the time Brown was injured raises additional course and scope questions preventing entry of summary judgment.

Gaydos sought review by the Pennsylvania Supreme Court, which was granted.

A majority of the Supreme Court Justices affirmed the Superior Court’s ruling citing it’s 1971 decision in Apple v. Reichert, holding that co-employee immunity applies to acts occurring when the alleged negligent actor is in the same employ as the injured worker and acting within the course and scope of their employment at the time of the worker’s injury. Brown had alleged that Gaydos was negligent in maintaining the skid loader outside of the co-workers’ employment relationship with ACS. Additionally, Gaydos was not on site when Brown was injured leaving a factual dispute as to course and scope of employment at the time of injury. If Brown’s position is accepted by the fact-finder, it is possible for a jury to conclude that co-employee immunity did not apply making entry of summary judgment improper.

In short, a co-worker is not automatically immune from civil liability simply because the injured worker is employed by and works for the same employer. A closer analysis must be given to whether the alleged negligence occurred within the co-employee relationship and whether the negligence occurred while both workers were acting within the course of scope of employment at the time of injury.

About the Author

Attorney Michael A. O’Donnell is a lawyer at O’Donnell Law Offices in Wilkes-Barre, Pennsylvania. His practice focuses on representing individuals and families in personal injury and workers’ compensation matters throughout Northeastern Pennsylvania. Michael writes regularly about developments in Pennsylvania law and court decisions that may impact injured workers and their families.

The post Pennsylvania Supreme Court agrees that factual issues could allow for civil liability against co-worker first appeared on O'Donnell Law.