# Tsarnas v. Jones & Laughlin Steel Corp.

> Supreme Court of Pennsylvania · March 20, 1980 · 488 Pa. 513

URL: https://www.frixlaw.com/law-library/cases/9704561

## Case

- **Full name:** Xenophon TSARNAS, v. JONES & LAUGHLIN STEEL CORPORATION, Eichleay Corporation; WHITEHEAD & KALES COMPANY, Appellant, v. AVALOTIS PAINTING COMPANY, INC.
- **Court:** Supreme Court of Pennsylvania
- **Decided:** March 20, 1980
- **Citations:** 488 Pa. 513; 412 A.2d 1094; 1980 Pa. LEXIS 547
- **Precedential status:** Published
- **Opinion:** Concurrence by Larsen
- **Judges:** Eagen, O'Brien, Roberts, Nix, Manderino, Larsen, Flaherty
- **Cited by:** 81 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9704561

## Opinion text

*524 LARSEN, Justice,
concurring.
Article I, Section 11 of the Pennsylvania Constitution provides: “All courts shall be open: and every man for an injury done him in his land, goods, person or reputation shall have remedy by due course of law, and right and justice without sale, denial or delay. . . .” Limitations to one’s access to the courts are unconstitutional. However, for historical and humane reasons, this Court in prior decisions has permitted the substitution of the Workmen’s Compensation law for one’s access to the courts. And since the Majority’s limitation, (bar of a third party’s joinder of an employer) is within the scope of the Workmen’s Compensation Act, I join in the result of the majority with the condition that the employer’s right to subrogation is not automatic. The employer must in some judicial proceedings establish its freedom from fault in order to be subrogated.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9704561. Public record. Not legal advice.