Bascelli v. Randy, Inc.

488 A.2d 1110, 339 Pa. Super. 254, 1985 Pa. Super. LEXIS 5476
CourtSupreme Court of Pennsylvania
DecidedJanuary 18, 1985
Docket3632
StatusPublished
Cited by34 cases

This text of 488 A.2d 1110 (Bascelli v. Randy, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bascelli v. Randy, Inc., 488 A.2d 1110, 339 Pa. Super. 254, 1985 Pa. Super. LEXIS 5476 (Pa. 1985).

Opinions

WIEAND, Judge:

In this action to recover for personal injuries sustained in a one vehicle accident allegedly caused by the defective front end assembly of a motorcycle, the trial court excluded evidence of a post-accident admission made by the plaintiff-cyclist that the accident had not been caused by a defective motorcycle but by his loss of control while travelling at 100 miles per hour. A jury returned a verdict in favor of the cyclist and against the manufacturer for $1,750,000.00, on which judgment was entered following denial of post-trial motions. On appeal, we reverse and remand for a new trial.

On October 30, 1976, James Bascelli and Dana Tegler were driving their chopper-style motorcycles on Route 291, a four lane divided highway in Delaware County, when [258]*258Bascelli lost control of his vehicle. His motorcycle veered to the left, jumped the medial strip, crossed two lanes for oncoming traffic, and crashed into the guardrail. Bascelli testified that prior to losing control of his motorcycle he had been travelling at a speed of 35-40 miles per hour. He said, and his evidence tended to show, that the handlebar assembly had loosened and that this was what had caused his loss of control. As a result of the accident Bascelli sustained serious injuries, including the loss of most of his right arm and multiple fractures of his left forearm.

The front end assembly had been manufactured by Randy, Inc., the appellant. It consisted of a handlebar, two risers and two cap screws. The assembly was sold to Bascelli with a container of Locktite, a screw-locking compound, in October, 1972, by East Coast Cycle Supply.1 It was thereafter assembled and installed by Bascelli on his Harley-Davidson motorcycle. The risers were attached to two prongs of a fork extending upwards from the front wheel by cap screws or bolts. Bascelli’s evidence tended to show that at the time of the accident the left cap screw measured only one inch in length, this being one-half inch shorter than the right cap screw. He contended that the left screw was defective because it extended only two or three threads beyond the end of the fork into which it was intended to fit.2 It was also alleged that the assembly contained a design defect because it. did not include a locking device to prevent a loosening of the screws. Evidence was produced which tended to show that a disengagement of the screw from the fork had impaired Bascelli’s ability to steer the motorcycle.

During pre-trial depositions, Anthony Pierantozzi, the retailer of the .front end assembly, described a conversation which he and Bascelli had had several months after the [259]*259accident. In that conversation, according to Pierantozzi, Bascelli said that “nothing [had] really happened to the front end ...” and that the front end had begun to wobble and the bike had gone down while he was travelling at approximately 100 miles per hour. At trial, counsel for the manufacturer attempted to elicit Bascelli’s admission from Pierantozzi to show that the accident had been caused by excessive speed and not because of a defective front end assembly. The trial court sustained an objection thereto because the evidence tended to show contributory negligence which, the court said, was irrelevant in a products liability case.

Before a manufacturer can be found strictly liable for damages caused by his product, it must be shown that his product was defective and that the defect was a substantial factor in causing plaintiff’s injuries. Sherk v. Daisy-Heddon, 498 Pa. 594, 598, 450 A.2d 615, 617 (1982) (plurality opinion); Berkebile v. Brantly Helicopter Corp., 462 Pa. 83, 93-94, 337 A.2d 893, 898 (1975) (plurality opinion); Swartz v. General Electric Co., 327 Pa.Super. 58, 66, 474 A.2d 1172, 1176 (1984). “The progress of the law in extending liability without fault to product suppliers [has not been] in disregard of fundamentals pertaining to the tort law of causation.” Oehler v. Davis, 223 Pa.Super. 333, 334, 298 A.2d 895, 895 (1972).

In the instant case, the cause for Bascelli’s losing control of his motorcycle was an issue of fact for the jury. An admission by Bascelli that he had lost control of the cycle while going 100 miles per hour was significantly relevant and extremely important evidence. It was admissible to show the cause of the accident;3 to exclude it for that purpose was error.

Because the evidence was relevant to show the cause of the accident it could not properly be excluded, as the trial [260]*260court seemed to think, because other evidence tended to show that the loosening of the front end assembly had caused the operator to lose control. This, as we have already observed, was an issue for the jury. Similarly, the evidence could not be excluded merely because it "also tended to show “contributory negligence” on the part of the operator. It was admissible for the purpose of showing causation. See: Greiner v. Volkswagenwerk Aktiengeselleschaft, 540 F.2d 85 (3d Cir.1976) (evidence of drinking admissible to show causation); Englehart v. Jeep Corp., 122 Ariz. 256, 260, 594 P.2d 510, 514 (1979) (evidence of plaintiffs intoxication, though not admissible to show contributory negligence, may be admitted on issue of proximate cause); Honda Motor Co. v. Marcus, 440 So.2d 373 (Fla.Dist.Ct.App.1983) (failure to wear seat belt may be shown if it bore causal relation to injuries); Scott v. Bolan Ford, Inc., 420 So.2d 1345 (La.Ct.App.1982) (intoxication admissible if relevant to causation); Bendorf v. Volkswagenwerk Aktiengeselischaft, 90 N.M. 414, 416, 564 P.2d 619, 621 (N.M.Ct.App.1977) (negligence of plaintiff relevant if his wrongful driving was proximate cause of accident); Caldwell v. Yamaha Motor Co., 648 P.2d 519, 527 (Wyo. 1982) (negligence of motorcyclist admissible if offered to prove causation or to impeach his testimony).

Appellee, hard pressed to justify the exclusion of this relevant evidence, argues that appellant’s offer of proof was inadequate. This argument is lacking in merit. The record shows that as soon as appellant’s counsel had asked Pierantozzi about a meeting with Bascelli, the latter’s counsel asked for a side-bar conference, where he requested an offer of proof. When appellant’s counsel referred to the testimony which Pierantozzi had given during pre-trial depositions, he was interrupted before he had completed the offer of proof which Bascelli’s counsel had requested. No sooner had appellant’s counsel mentioned Bascelli’s admission that he had been going a hundred miles per hour than Bascelli’s counsel interjected, “So what?”. Appellant’s counsel answered this interjected question by saying that [261]*261he wished to introduce Bascelli’s admission of speed to show the cause of the accident.

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Bluebook (online)
488 A.2d 1110, 339 Pa. Super. 254, 1985 Pa. Super. LEXIS 5476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bascelli-v-randy-inc-pa-1985.