Superior Court - MARTON MINTO v. J.B. HUNT TRANSPORT, INC. MARTON MINTO v. J.B. HUNT TRANSPORT SERVICES, INC., AND J.B. HUNT TRANSPORT, INC.

MARTON MINTO v. J.B. HUNT TRANSPORT, INC. MARTON MINTO v. J.B. HUNT TRANSPORT SERVICES, INC., AND J.B. HUNT TRANSPORT, INC. No. 43 EDA 2008 2009 PA Super 73 Atlantic: 971 A.2d 1280 Filed: 4/17/2009
	Appeal from the Order entered December 6, 2007 in the Court of Common Pleas of Philadelphia County, Civil, No. 03528 April Term, 2003, No. 1029 October Term, 2003
Before: LALLY-GREEN, KLEIN and GANTMAN, JJ.
Opinion by: KLEIN, J.
Concurring Opinion by: GANTMAN, J.
Marton Minto suffered catastrophic injuries including quadriplegia when a truck he was driving, in his role as an employee of J.B. Hunt Transport, Inc., went off the road on Interstate I-95 in Pennsylvania south of Philadelphia. In his complaint, Minto alleged that because his employer, J.B. Hunt, negligently destroyed and failed to preserve key parts of the truck, including the seatbelts, the brakes themselves, “black boxes” that monitored the action of the anti-lock brakes and motor, and other items, he was prejudiced in his tort suit against third parties who manufactured the truck and its components. The trial court judge granted J.B. Hunt’s judgment on the pleadings, finding that all of Minto’s claims against J.B. Hunt were barred by the exclusivity provision of the Workers’ Compensation Act (“Act”), 77 P.S. § 481(a).

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