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Kenney v. Jeanes Hospital

The grant of summary judgment in favor of a general contractor in a personal injury case was upheld where the contractor established each of the five elements of the statutory employer defense which, once established, bars a plaintiff from pursuing a suit for negligence against a statutory employer.

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�1 Raymond and Clare Kenney appeal from the June 29, 2000 Order granting summary judgment in favor of appellee, Barclay White, Inc.

�2 Appellants initiated this personal injury case after Raymond Kenney sustained a 1992 work-related injury. *fn1 The following parties were named as defendants in the action: Jeanes Hospital, Barclay White, Inc., Operating Engineers Local 542 and Metropolitan Contract Carpets, Inc. Prior to issuance of the June 29, 2000 Order, the case was disposed of with respect to all the above-named defendants, with the exception of appellee, Barclay White, Inc.

In October 1990, the Hospital contracted with Barclay White, a general contractor, for the construction of a new building on the Hospital’s property. Barclay White hired Metropolitan as a subcontractor for that project. Kenney worked for Metropolitan. On January 17, 1992, Kenney suffered a back injury while loading a roll of carpet onto an elevator at the construction site.

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