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Shumosky v. Lutheran Welfare Services of Northeastern Pennsylvania, Inc.

Summary judgment in favor of defendant in negligence case reversed because plaintiff suffered physical injuries, and consequent psychological pain and suffering was compensable under the "impact rule"; dismissal of defendant's third party complaint against plaintiff's employer affirmed because contract between defendant and employer failed to sufficiently express employer's intent to assume liability for claims made by its employees.

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OPINION

� 1 Appellants, Patricia and John Shumosky, appeal from the October 31, 2000 Order of the Court of Common Pleas of Lackawanna County entered on November 3, 2000, which granted summary judgment in favor of Lutheran Welfare Services of Northeastern Pennsylvania, Inc. t/a and d/b/a Hospice/St. John (Lutheran Welfare Services). Additionally Cross-Appellant, Lutheran Welfare Services appeals from the April 14, 1997 Order dismissing its third-party complaint against Bayada Nurses, Inc. (Bayada). For the following reasons, we reverse the Order of October 31, 2000 and affirm the Order of April 14, 1997.

� 2 The present suit arises out of injuries allegedly sustained by Patricia Shumosky. Bayada employed Mrs. Shumosky as a licensed practical nurse. Bayada was under contract to provide nursing services to Lutheran Welfare Services. On April 16, 1993, Mrs. Shumosky, while providing home nursing care to a Lutheran Welfare Services patient, accidentally pricked her finger with a needle she had just used to give the patient an injection. At the end of her work shift, Mrs. Shumosky learned for the first time that the patient was suffering from Acquired Immune Deficiency Syndrome, an affliction more commonly known as AIDS. Mrs. Shumosky left the patient’s residence and immediately upon arrival at her home contacted Bayada. At the instruction of Bayada, Mrs. Shumosky went to the emergency room at Nesbitt Memorial Hospital where she received a Human Immunodeficiency Virus (HIV) test and also a hepatitis B shot. The Lutheran Welfare Services patient that Mrs. Shumosky had treated died a few days later of AIDS related complications.

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