Multi-Employer Worksite Policy • “Controlling Employer” • Landlord-Tenant Relationship • Sufficiency of Evidence
Kovacevich v. Crown Equip. Corp., PICS Case No. 16-1426 (C.P. Philadelphia Aug. 22, 2016) Lachman, J. (38 pages).
Plaintiff Christopher Kovacevich appealed from the denial of his post-trial motion to remove the nonsuit of his premises liability action against defendant Reginal Produce Cooperative Corporation. Plaintiff was employed by T.M. Kovacevich which leased space in the Philadelphia Wholesale Produce Market operated by defendant, as a salesman. While plaintiff was working inside a cold box, part of the private space leased by TMK, his co-worker Ernest Scarlata was in the common concourse of the market, which was maintained by defendant, operating an electric pallet jack “forks first” such that the load on the pallet jack prevented Scarlata from seeing objects in front him. Scarlata drove the pallet jack into the cold box and impacted plaintiff, causing plaintiff to sustain severe injuries.
