Martin v. Lancaster Battery Co., Inc.

606 A.2d 444 (1992)

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Nature of the Case

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Facts

P was employed by D, and his blood was tested pursuant to federal regulations along with the other employees who were exposed to lead. Manix (D) who oversaw and administered the blood testing willfully and intentionally withheld from P the results of P's blood tests between January 1, 1982, and July 1985. P also intentionally altered blood test results before forwarding the results to P. P was diagnosed with chronic lead toxicity, lead neuropathy, hypertension, gout, and renal insufficiency. The severity of his condition would have been substantially reduced if his employer had not perpetrated a delay by failing to accurately report the elevated levels of lead in P's blood. Ps filed a complaint and an amended complaint and alleged the liability of Lancaster (D) on the basis of respondeat superior. Ds filed preliminary objections in the nature of a demurrer. The trial court sustained the objections and dismissed Lancaster (D) and Manix (D) as defendants in the case. The Superior Court reversed the trial court order and remanded for further proceedings. The Superior Court determined that the cases cited by the trial court to support its decision regarding the exclusivity issue were not applicable herein. It found that the act of withholding blood test results was not covered by the exclusivity provision of the Workmen's Compensation Act. Thus, Ps' claim of alleged fraudulent misrepresentation was actionable at common law. Ds appealed.