Bailey v. B.S. Quarries, Inc. et al

Filing 139

ORDER (memorandum filed previously as separate docket entry), GRANTING pltf's motion re Dfts Bolles and Smith remaining as defendants; GRANTING pltf's motion re employer immunity; GRANTING Dft TNT Services Corp's motion re dismissal ; and DENYING all remaining aspects of both parties motions.Signed by Honorable James M. Munley on 03/31/16. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
PAULINE M. BAILEY,
Administrator of the Estate of Wesley
Sherwood, Jr.,
Plaintiff

:
No. 3:13cv3006
:
:
(Judge Munley)
:
:
v.
:
:
B.S. QUARRIES, INC.; DAMASCUS 535
:
QUARRY AND STONE PRODUCTS, LLC.; :
TNT ONE LIMITED PARTNERSHIP; TNT
:
SERVICES CORP.; LIPPMANN
:
MILWAUKEE, INC.; LIPPMANN QUALITY :
USED EQUIPMENT; VIRA CORPORATION :
TIMOTHY SMITH; and/or THOMAS
:
BOLLES,
:
Defendants
:
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 31st day of March 2016, upon consideration of
the parties’ cross-motions for summary judgment (Docs. 105, 107, 109, 111,
116, 118), it is hereby ORDERED:
1.

Plaintiff’s motion is GRANTED to the extent that we will pierce the
corporate veil and hold that B.S. Quarries and Damascus 535 are alter
egos for Thomas Bolles and Timothy Smith. Defendants Bolles and
Smith will remain as defendants in their individual capacities.

2.

Plaintiff’s motion is GRANTED to the extent that the B.S. Quarries
Defendants are estopped from invoking employer immunity under

Pennsylvania workers’ compensation law;
3.

Defendant TNT Services Corp.’s motion is GRANTED. TNT Services is
dismissed from this case; and

4.

All remaining aspects of the parties’ motions are DENIED.

BY THE COURT:
s/ James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court

2