Security guard hurt on the job can't sue employer's client: Court
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A security guard hurt during a job assignment cannot sue her employer's client for negligence since she signed a workers compensation disclaimer waiving her right to do so, a divided Pennsylvania Supreme Court has ruled.
In Sabrina Bowman v. Sunoco Inc., Ms. Bowman suffered an injury in January 2005 when she fell on ice or snow while working as a security guard for Allied Barton Security Services L.L.C. The security company had assigned her to provide security at a Sunoco refinery in Philadelphia, court records show.
She received workers comp benefits related to the fall through Allied Barton, but Ms. Bowman still filed a negligence claim against Sunoco, alleging its failure to maintain safe conditions caused her injury.
When Allied Barton hired Ms. Bowman in 2004, however, she signed a disclaimer waiving her right to file a claim against any Allied Barton customer.
The Court of Common Pleas of Philadelphia County granted Sunoco's motion to dismiss Ms. Bowman's negligence claim and a Pennsylvania Superior Court affirmed the decision in 2009. The courts found that the disclaimer did not violate public policy because Ms. Bowman waived only her right to sue a third party and she was not deprived of her right to workers compensation benefits.
In a 4-1 ruling Thursday, Pennsylvania's high court agreed. It found that Ms. Bowman was not forced to sign the release and chose to bargain away her rights to sue a third party.
However, Pennsylvania Supreme Court Justice Max Baer disagreed. In his dissent, he argued that Pennsylvania workers compensation law prohibits agreements such as the disclaimer Ms. Bowman signed.
