# Hershey Foods Corp. v. General Electric Service Co.

> Superior Court of Pennsylvania · November 19, 1992 · 422 Pa. Super. 143

URL: https://www.frixlaw.com/law-library/cases/9747264

## Case

- **Full name:** HERSHEY FOODS CORPORATION, Appellant, v. GENERAL ELECTRIC SERVICE CO.
- **Court:** Superior Court of Pennsylvania
- **Decided:** November 19, 1992
- **Citations:** 422 Pa. Super. 143; 619 A.2d 285; 1992 Pa. Super. LEXIS 3992
- **Precedential status:** Published
- **Opinion:** Dissent by Olszewski
- **Judges:** Olszewski, Beck, Hoffman
- **Cited by:** 11 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/9747264

## Opinion text

*153 OLSZEWSKI, Judge,
dissenting:
I respectfully dissent. I find that the contract language “arising out of or resulting from the performance of the work,” encompasses Roland’s minor deviation from his duties. Roland’s work for GESCO in this case required him to be in close proximity with the elevator which malfunctioned and caused his death. That Roland was taking a break as part of his lunch hour during the performance of the work is not, in my opinion, sufficient to take Roland’s actions outside the contractual definition of “the. work.” Therefore, I would find that the indemnification obligation applies in this case.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9747264. Public record. Not legal advice.