Atlantic States Insurance v. King

82 Pa. D. & C.4th 518
CourtPennsylvania Court of Common Pleas, Fayette County
DecidedAugust 30, 2006
Docketno. 919 of 2005, G.D.
StatusPublished

This text of 82 Pa. D. & C.4th 518 (Atlantic States Insurance v. King) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Fayette County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Atlantic States Insurance v. King, 82 Pa. D. & C.4th 518 (Pa. Super. Ct. 2006).

Opinion

SOLOMON, J,

Before the court is a motion for summary judgment filed by one of the defendants, Bonnijo Fesh. The motion alleges that no genuine issues of material fact exist and that, therefore, the defendant is entitled to judgment as a matter of law. After careful consideration of the record, the motion must be denied.

BACKGROUND

This action arises from an incident that occurred on December 29, 2003, when Jamie Lynn King and Fesh were patrons at a bar in Mt. Pleasant, Pennsylvania. Outside the bar, Fesh approached King and a verbal confrontation ensued. Fesh then physically attacked King and was pulled off of King by another individual. King then proceeded to the automobile she was operating that evening, an automobile owned by her grandparents. King then drove it across the parking lot, striking Fesh. King [520]*520then backed the car up and drove forward over Fesh’s leg and left the scene.

Fesh instituted a suit in Westmoreland County against King for negligence, seeking damages for the injuries she sustained. At the time of the incident, King was insured through an automobile insurance policy issued by the plaintiff to her biological grandparents and adoptive parents, Shelby and Donald King. That insurance policy includes the following provision excluding intentional injuries:

“Exclusions:

“(A) We do not provide liability coverage for any ‘insured’:

“(1) Who intentionally causes ‘bodily injury’ or ‘property damage.’”

By reason of this provision, the plaintiff instituted this declaratory judgment action, claiming it is not responsible to provide coverage to King since, as the plaintiff alleges, King acted intentionally when she struck Fesh with her grandmother’s car.

DISCUSSION

Motions for summary judgment are governed by Pa.R.C.P. 1035.2, which provides:

“After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law:

“(1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or

[521]*521“(2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury.” Pa.R.C.P. 1035.2

The purpose of the summary judgment rule is to eliminate cases prior to trial where a party cannot make out a claim or defense after relevant discovery has been completed. Miller v. Sacred Heart Hospital, 753 A.2d 829 (Pa. Super. 2000). It is not the function of the court ruling on a motion for summary judgment to weigh evidence and to determine the truth of the matter. Keenheel v. Commonwealth, 134 Pa. Commw. 494, 579 A.2d 1358 (1990). Further, summary judgment may only be granted when “the pleadings, depositions, answers to interrogatories, admissions on file, together with any affidavits ... demonstrate that there exists no genuine issue of fact” and that the moving party is entitled to judgment as a matter of law. Janson v. Cozen and O’Connor, 450 Pa. Super. 415, 423, 676 A.2d 242, 246 (1996).

Under Rule 1035.2(2), if a defendant is the moving party, he may make the showing necessary to support the entrance of summary judgment by pointing to materials which indicate that the plaintiff is unable to satisfy an element of his cause of action. Ertel v. Patriot-News Co., 544 Pa. 93, 101, 674 A.2d 1038, 1042 (1996). The non-moving party must adduce sufficient evidence on an issue essential to its case, and on which it bears the burden of proof, such that a jury could return a verdict favorable to the non-moving party, and may not rest upon the averments contained in its pleadings. Amabile v. Auto [522]*522Kleen Car Wash, 249 Pa. Super. 240, 376 A.2d 247 (1977). The non-moving party must also demonstrate that there is a genuine issue for trial. Id.; Pa.R.C.P. 1035.2(2). If the non-moving party fails to satisfy this burden, a genuine issue of material fact does not exist and the moving party is entitled to judgment as a matter of law. Tenos v. State Farm Insurance Co., 716 A.2d 626 (Pa. Super. 1998).

In determining whether summary judgment should be granted, the court must examine the record, viewing all inferences in the light most favorable to the non-moving party, and resolving any doubt against the moving party. Potter v. Herman, 762 A.2d 1116 (Pa. Super. 2000). The court must also be aware that oral testimony alone, either through testimonial affidavits or depositions, of the moving party or the moving party’s witnesses, even if uncontradicted, is generally insufficient to establish the absence of a genuine issue of material fact. Nanty-Glo Boro. v. American Surety Co., 309 Pa. 236, 163 A. 523 (1932); Penn Center House Inc. v. Hoffman, 520 Pa. 171, 553 A.2d 900 (1989). If the moving party has supported the motion with oral testimony only, the non-moving party may raise the defense that there is a genuine issue of material fact because the cause of action is dependent upon the credibility and demeanor of the witnesses who will testify at trial. Id.

This long-standing rule, and its modem application, are perhaps best summarized by the Superior Court in Dudley v. USX Corp., 414 Pa. Super. 160, 606 A.2d 916 (1990), as follows:

“A review of [the precedents] demonstrates that there is an inherent three-step process involved in determining whether the Nanty-Glo rule applies so as to preclude a [523]*523grant of summary judgment. Initially, it must be determined whether the plaintiff has alleged facts sufficient to establish a prima facie case. If so, the second step is to determine whether there is any discrepancy as to any facts material to the case. Finally, it must be determined whether, in granting summary judgment, the trial court has usurped improperly the role of the jury by resolving any material issues of fact.

“It is only when the third stage is reached that Nanty-Glo comes into play. Thus, it is true that Nanty-Glo precludes summary judgment where the moving party relies solely upon testimonial affidavits and depositions of his witnesses to resolve material issues of fact.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Minnesota Fire & Casualty Co. v. Greenfield
805 A.2d 622 (Superior Court of Pennsylvania, 2002)
Commonwealth v. Tyrrell
174 A.2d 852 (Supreme Court of Pennsylvania, 1961)
Deaver v. Miller
393 A.2d 1209 (Superior Court of Pennsylvania, 1978)
Miller v. Sacred Heart Hospital
753 A.2d 829 (Superior Court of Pennsylvania, 2000)
Peugeot Motors of America, Inc. v. Stout
456 A.2d 1002 (Superior Court of Pennsylvania, 1983)
Amabile v. Auto Kleen Car Wash
376 A.2d 247 (Superior Court of Pennsylvania, 1977)
Hilliard Lumber Co. v. Harleysville Mutual Casualty Co.
103 A.2d 436 (Superior Court of Pennsylvania, 1954)
Commonwealth v. Miller
897 A.2d 1281 (Superior Court of Pennsylvania, 2006)
Tenos v. State Farm Insurance
716 A.2d 626 (Superior Court of Pennsylvania, 1998)
Ertel v. Patriot-News Co.
674 A.2d 1038 (Supreme Court of Pennsylvania, 1996)
United Services Automobile Ass'n v. Elitzky
517 A.2d 982 (Supreme Court of Pennsylvania, 1986)
Commonwealth v. ABNEY
171 A.2d 595 (Superior Court of Pennsylvania, 1961)
Penn Center House, Inc. v. Hoffman
553 A.2d 900 (Supreme Court of Pennsylvania, 1989)
Potter v. Herman
762 A.2d 1116 (Superior Court of Pennsylvania, 2000)
Janson v. Cozen and O'Connor
676 A.2d 242 (Superior Court of Pennsylvania, 1996)
Germantown Insurance v. Martin
595 A.2d 1172 (Superior Court of Pennsylvania, 1991)
In the Interest of J.L.
475 A.2d 156 (Supreme Court of Pennsylvania, 1984)
Stidham v. Millvale Sportsmen's Club
618 A.2d 945 (Superior Court of Pennsylvania, 1992)
Keenheel v. Commonwealth, Pennsylvania Securities Commission
579 A.2d 1358 (Commonwealth Court of Pennsylvania, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
82 Pa. D. & C.4th 518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atlantic-states-insurance-v-king-pactcomplfayett-2006.