United States Third Circuit
City of Wilkes-Barre v. Sheils, 08-1412
District court's judgment barring city from asserting a right of subrogation against a police officer to recover payments under the Pennsylvania Heart & Lung Act (HLA) is vacated and remanded where 75 Pa. Cons. Stat. Ann. section 1720 does not bar the police officer from pleading HLA payments in his personal injury action, and section 1720 does not bar the city from asserting an equitable right of subrogation against officer's tort recovery.
Appellate Information
- Decided 08/25/2009
- Published 08/25/2009
Judges
- Before McKEE, SMITH, Circuit Judges and STEARNS, District Judge.
Court
- United States Third Circuit
Counsel
- For Appellant:
- Thomas J. MacNeely, Rosenn, Jenkins & Greenwald, Wilkes-Barre, PA for Appellant., Alexandra Bak-Boychuk, John P. McLaughlin, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, PA, for Amicus Appellant.
- For Appellees:
- Paul M. Perlstein, Doylestown, PA, Robert P. Sheils, Jr., Jill M. Spott, Sheils Law Associates, Clarks Summit, PA, for Appellee.