no. 3044 of 1974 | Pennsylvania Court of Common Pleas, Delaware County | Jan 29, 1975
Defendants’ motion for summary judgment must be granted, since there is no dispute or question of fact concerning the relationship of plaintiff to the corporate and the individual defendants.
On August 14,1972, plaintiff was operating a bus owned by defendant, SEPTA, which collided with a trolley car, owned by SEPTA, and operated by the individual defendant, John Nelson. Both operators were acting within the scope of their employment.
Under the Pennsylvania Workmen’s Compensation Act of June 2, 1915, P.L. 736, as amended, 77 PS §§1, et seq., defendant, SEPTA, is immune from suit for damages or liability to plaintiff, whose sole relief is provided under the terms of said act.
Defendant, Nelson, as a co-employe, is likewise not liable to a fellow-employe, in trespass: 77 PS 172, “except for intentional wrong.”
Defendant, SEPTA, alleges that suit is barred because of failure of plaintiff to give written notice under the Act of August 14, 1963, P.L. 984, 66 PS §2036. Since the Workmen’s Compensation Act is the sole vehicle for plaintiffs relief, this issue need not be decided.
ORDER
And now, January 29, 1975, the motion for summary judgment of defendants is granted; judgment is hereby entered in favor of defendant, SEPTA, and defendant, John Nelson, and against plaintiff, Samuel G. Baker, and the complaint is dismissed.