Superior Court - EMPLOYERS MUTUAL CASUALTY CO. v. BOILER ERECTION AND REPAIR CO., INC., KENNETH KLINGER AND KENNETH KERR KENNETH R. KERR v. BOILER ERE

EMPLOYERS MUTUAL CASUALTY CO. v. BOILER ERECTION AND REPAIR CO., INC., KENNETH KLINGER AND KENNETH KERR KENNETH R. KERR v. BOILER ERECTION AND REPAIR COMPANY, INC. AND KENNETH JAMES KLINGER No. 2328 EDA 2005 and 1582 EDA 2007 2008 PA Super 280 Atlantic: 964 A..2d 381 Petition for Reargument Denied 2/17/2009 Filed: 12/12/2008
	Appeal from the Orders Entered July 28, 2005 and May 30, 2007, in the Court of Common Pleas of Montgomery County Civil Division at No. 03-21988 and August Term, 2003, No. 2422
Before: FORD ELLIOTT, P.J., ALLEN AND KELLY, JJ.
Opinion by: FORD ELLIOT, P.J.
These consolidated appeals stem from a single-vehicle accident that occurred on August 30, 2001, on Interstate 95 outside of Baltimore, Maryland. Kenneth James Klinger (“Klinger”) was the driver of the vehicle, a pick-up truck owned by Boiler Erection and Repair Co., Inc. (“Boiler Erection”). Both Klinger and Kenneth R. Kerr (“Kerr”), the passenger, were employees of Boiler Erection and sustained serious injuries as a result of the accident. At the time of the accident, Klinger and Kerr were returning to Pennsylvania from a job in Baltimore. Before leaving Baltimore, they had stopped at a seafood restaurant for dinner where both consumed alcoholic beverages.

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