Stark & Stark Shareholder Tyler Tomlinson and  Associate Ian Abovitz, both members of the Accident & Personal Injury Group, successfully defeated Defendant’s Motion for Summary Judgment for their client who was injured by a forklift.  They did so by pointing to evidence which suggested the Defendant in question did not fully control Plaintiff’s work.

Plaintiff, who was working at a warehouse, was injured when a cart attached to a forklift ran over his right foot.  Plaintiff was a temporary employee assigned to work at the facility as a day laborer.  Defendants argued that under Pennsylvania’s Borrowed Servant doctrine, Plaintiff was barred from any recovery because Plaintiff was basically an employee of the warehouse.

The borrowed servant doctrine is an outgrowth of the common law rule that a servant who is loaned by his master to a third party is regarded as the servant of that third party while under that third party’s control and direction.  See Shamis v. Moon, 81 A.3d (2013 Pa. Super. 313).  The borrowing employer is therefore, the common-law master of the borrowed employee.  Id.

Prior to trial, the parties were able to resolve this matter for $245,000 at a mediation with Judge Thomas A Wallitsch (ret.) of ADR Options.

Mansfield v. WTW Associates, et al Lehigh County No.: 2014-C-4154.