Jason Yoder v. McCarthy Construction, Inc.; Castelli Mechanical Design and Catania Engineering Associates, Inc.; Air Control Technology, Inc.; and RRR Contractors, Inc.

Summary

In this concurring opinion, Justice McCaffery agrees that stare decisis and legislative acquiescence constrain the Pennsylvania Supreme Court from overruling Fonner v. Shandon, Inc. The opinion reiterates concern that the statutory employer doctrine and the five-part McDonald test provide negligent general contractors with immunity, and urges the General Assembly to require an employer seeking that immunity to have actually paid the injured worker’s workers’ compensation benefits.

Holdings

1. Justice McCaffery agreed with the Majority that Yoder had not advanced a special justification, beyond the belief that Fonner was wrongly decided, warranting overruling Fonner.

Questions Presented

1. Whether there was a special justification, beyond disagreement with precedent, for overruling Fonner v. Shandon, Inc.
2. Whether the continued application of the five-part McDonald statutory-employer test appropriately permits a general contractor to claim civil-liability immunity when the subcontractor paid the injured employee's workers' compensation benefits.

Disposition

other