Beardell v. Western Wayne School District

496 A.2d 1373, 91 Pa. Commw. 348, 1985 Pa. Commw. LEXIS 1289
CourtCommonwealth Court of Pennsylvania
DecidedAugust 23, 1985
DocketAppeal, No. 118 C.D. 1984
StatusPublished
Cited by41 cases

This text of 496 A.2d 1373 (Beardell v. Western Wayne School District) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beardell v. Western Wayne School District, 496 A.2d 1373, 91 Pa. Commw. 348, 1985 Pa. Commw. LEXIS 1289 (Pa. Ct. App. 1985).

Opinion

Opinion by

Judge Blatt,

Louis Beardell, Jr., Louis Beardell, Sr. and Jane Beardell (appellants) appeal here from an order of the Court of Common Pleas of Wayne County granting a motion for summary judgment on behalf of Western Wayne School District (district).

The appellants filed a complaint alleging that Louis Beardell, Jr. suffered .severe bodily injury when he slid into second base during a baseball game played against the district’s high school baseball team on a field owned by the district. They further averred in their complaint that Louis Beardell, Jr., as a member of the Dunmore High School baseball team, was participating in this sporting event at the invitation of the [350]*350district, was “using” the base for its intended purpose, and was unaware of the dangers which might result to him because of the manner in which the base was attached to the playing field. The appellants also contended that the injuries ¡suffered by Louis Bear-dell, Jr. directly resulted from the negligence of the district. In particular, the complaint states, at paragraph thirty-five that

(a) [The district] failed to exercise reasonable care in installing or supervising the installation of the base and plate or in inspecting subsequent to installation the base and plate;
(b) [The district] failed to exercise reasonable care to provide a safe place for the conducting of a baseball game;
(c) [The district] failed to exercise reasonable care in failing to provide adequate warning about or the safeguards to the risks and dangers in the use of the base and plate; [and]
(d) [The district] failed to exercise reasonable care in such other manner as may be discovered during the course of discovery.

In its answer, the district denied all of the allegations of negligence and raised, by way of new matter, the defense of governmental immunity as codified in 42 Pa. C. S. §.§'8541-8542. In the appellants’ reply to the new matter, they stated that it was a legal conclusion requiring no responsive pleading and, in the alternative, they contended that the district’s immunity had been waived because the injury resulted from the district’s negligence in the care, custody and control •of its real property. See 42 Pa. C. S. §8542(a) and (b)(3).

Following the closing of the pleadings, but before discovery had commenced, the district filed a motion [351]*351for .snm.ma.ry judgment. -The -appellants opposed that motion, arguing that the motion was actually a motion for judgment on the pleadings and, as such, should he dismissed, that, in any -case, the complaint .stated a cause of action and that, if the court found the complaint insufficient, leave to amend should be granted.

The trial court granted the district’s motion for •summary judgment, -reasoning that -such a motion could be granted on the -basis of the pleadings alone if, as here, no genuine issue of fact existed. Additionally, the trial court held that the district was entitled to judgment as a matter of law because the ¡statutory exception to immunity relied upon by the appellants involved realty and, .regardless .of how the base was attached to the pl-aying field, it would remain personalty. Belying on Wimbish v. School District of Penn Hills, 59 Pa. Commonwealth Ct. 620, 430 A.2d 710 (1981), the trial court also denied the appellants’ request for leave to ¡amend, stating that it could not conceive -of any amendment to ¡the complaint which would raise a factual issue or ¡bring the appellants’ cause of action within -an ex-ception to governmental immunity. The present appeal ensued.

The appellants ¡argue preliminarily that the trial court erred in granting .summary judgment where, as here, the motion is not supported by .depositions, interrogatories or -affidavits. See Pa. B.C.P. 1035. They contend that the trial court could -only h-av-e granted judgment on the pleadings -at this -stage of .the litigation. And, while they do concede in their brief -that summary judgment has been granted on the basis of the pleadings alone in Mallesky v. Stevens, 427 Pa. 352, 235 A.2d 154 (1967), they argue that such a practice enables the moving .party to avoid discovery of facts known only -to that -party.

We can not agree, however, with either the appellants’ or the trial court’s assessment of Malleshy. [352]*352Our reading of Mallesky indicates that one of the defendants there filed a motion for summary judgment after taking depositions and that the trial court granted summary judgment on the basis of the deposition of the plaintiff and not on the basis of the pleadings alone. Moreover, in comparing a motion for summary judgment with a motion for judgment on the pleadings, Goodrich-Amram 2d §1035(a) :3 provides that

[t]he motion for judgment on the pleadings was created to permit an overall examination of pleadings in the ■ .action, on application of any party, after the pleadings are closed, to determine whether judgment .should be entered upon the pleadings prior to trial... [while] . . . [t]he motion for summary judgment is designed to supplement the motion for judgment on the pleading’s to provide for an equivalent summary disposition of the case where the pleadings may be sufficient, on. their face, to withstand a demurrer but where, in actuality, there is no genuine issue of fact 'and this can be conclusively shown through depositions, answers to interrogatories, admissions or affidavits.

Thus, while it is true that both motions are means by which a case may be .summarily dismissed before trial on the basis that there exists no genuine issue of fact and the moving party is entitled to judgment as a matter of law, compare Wimbish v. School District of Penn Hills, 59 Pa. Commonwealth Ct. 620, 623, 430 A.2d 710, 711 (1981) and Bersani v. School District of Philadelphia, 310 Pa. Superior Ct. 1, 6, 456 A.2d 151, 154 (1982), it is clear that such a motion made at the close of, the pleadings and .supported only by the pleadings is more correctly labeled a motion for judgment on the pleadings rather than one for summary judgment.

[353]*353We do not believe, however, that the district’s failure to move for a judgment on the .pleadings here, rather than summary judgment, is fatal inasmuch as the legal standards governing the granting of either motion are similar. We will, therefore, examine the trial court’s order as if it had granted a motion for judgment on the pleadings.

Pursuant to Pa. E.C.P. 1034, a motion for judgment on the pleadings may be granted only in cases where no facts are at issue and the law is so clear that a trial would be a fruitless exercise. See MatthewLandis v. Housing Authority, 240 Pa. Superior Ct. 541, 361 A.2d 742 (1976) and Goodrich-Amram 2d §1034 (a) :1. In addition, the court must view all well-pled facts of the non-moving party as true and grant leave to amend, if, upon reviewing the pleadings, the existence of >a material fact appears ambiguous.

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Bluebook (online)
496 A.2d 1373, 91 Pa. Commw. 348, 1985 Pa. Commw. LEXIS 1289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beardell-v-western-wayne-school-district-pacommwct-1985.