Shellenberger v. Kreider Farms, 2023 Pa. Super. LEXIS 1, 2023 PA Super. 1, (January 4, 2023) (Bender, J.), invigorated the duty of care owed by an employer to an employee. The appeal arose out of a personal injury action commenced by Paul Shellenberger and his wife against his employer, alleging Shellenberger developed malignant mesothelioma as a result of his exposure to asbestos in the workplace. He died while the case was pending in the lower court. The action was properly brought under the common law because Shellenberger’s asbestos injury was manifested outside the 300-week period prescribed by Section 301(c)(2) of the Workers’ Compensation Act, 77 P.S. Section 411(2).

Chapter 14 of the Restatement (Second) of Agency sets forth the rules that determine the liability of a master to a servant, or an employer to an employee. “In creating and maintaining the conditions of employment, the master has a duty to his servants to have precautions taken which reasonable care, intelligence and regard for the safety of his servants require.” See Restatement (Second) of Agency Section 493 (1958).

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