Wednesday, December 16, 2009

SABRINA BOWMAN v. SUNOCO, INC.

SABRINA BOWMAN v. SUNOCO, INC.
No. 1897 EDA 2008 2009 PA Super 242 Atlantic: n/a Filed: 12/16/2009

Appeal from the Order Entered May 21, 2008
In the Court of Common Pleas of Philadelphia County
Civil at No(s): December Term, 2006 No. 2227
Before: STEVENS, KLEIN, and KELLY, JJ.
Opinion by: STEVENS, J.
This is an appeal from the order entered in the Court of Common Pleas of Philadelphia County granting a Motion for Judgment on the Pleadings filed by Defendant/Appellee, Sunoco, Inc. and dismissing Plaintiff/Appellant Sabrina Bowman’s negligence claim for injuries she sustained while working as a private security guard on Sunoco property. Specifically, the court agreed with Sunoco’s Affirmative Defense that Bowman, by signing a Worker’s Compensation Disclaimer in exchange for her employment with Allied Barton Security Services, had waived her right to file claims against clients of Allied Barton for damages otherwise covered by workers’ compensation. Herein, Bowman contends that such a release is contrary to public policy and, therefore, unenforceable. We affirm.
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