Beaver v. McColgan

11 Pa. D. & C.4th 97, 1990 Pa. Dist. & Cnty. Dec. LEXIS 18
CourtPennsylvania Court of Common Pleas, Columbia County
DecidedDecember 7, 1990
Docketno. 122 of 1990
StatusPublished

This text of 11 Pa. D. & C.4th 97 (Beaver v. McColgan) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Columbia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beaver v. McColgan, 11 Pa. D. & C.4th 97, 1990 Pa. Dist. & Cnty. Dec. LEXIS 18 (Pa. Super. Ct. 1990).

Opinion

MYERS, P.J.,

In this case, plaintiffs and defendant agreed to an amicable settlement of a death action. Appropriate documents were then filed, the terms of which were sealed by the court upon petition and stipulation of the parties, and after hearing.

The Press-Enterprise Inc. thereafter filed a petition to intervene, seeking to unseal the documents to permit public disclosure of the contents of the agreement. Intervention was granted by the court, and a subsequent hearing was held upon the merits of the intervenor’s petition to unseal the records. That issue is now ready for disposition.

The facts that gave rise to these proceedings follow.

On February 11, 1989, on State Route no. 42 in Columbia County, Pennsylvania, a violent head-on collision occurred between two motor vehicles proceeding in opposite directions. One vehicle was being operated by Kevin Beaver, whose estate is one of the plaintiffs herein, and the other vehicle by Peter McCoIgan, defendant herein.

[98]*98Passengers in the Beaver vehicle were his wife, Susan Beaver, and minor son, Nicholas Beaver, aged 2 and one-half years at the time. The passengers are also plaintiffs in the case.

As a result of the collision, KeVin Beaver was killed. His wife, Susan, was seriously injured, and son Nicholas was left paralyzed from the waist down due to a spinal cord injury.

Prolonged wrongful death settlement negotiations followed the collision, and a compromise settlement was subsequently agreed upon by the parties.

On January 23, 1990, plaintiffs filed and served upon defendant a writ of summons. On February 2, 1990, plaintiffs filed a “petition to settle a minor’s claim and to approve distribution pursuant to Pa. R.C.P. 2039,” together with a “petition to settle, compromise and discontinue a wrongful death action pursuant to Pa.R.C.P. 2206.” Simultaneously with the filing of the aforesaid two petitions, plaintiffs also filed a “petition to seal court record,” wherein. plaintiffs requested this court to seal the petitions to prevent public disclosure of the terms of the compromise settlement agreement.

Hearing was held, and the court granted all three petitions, thereby approving the terms of the settlement agreement and authorizing the prothonotary to seal the record.

Some four weeks later, the Press-Enterprise Inc., a newspaper of general circulation in Columbia County, Pennsylvania and surrounding area, filed the aforesaid petition to intervene, seeking access to the subject record to provide public disclosure of the same. ’ .

The court granted the Press-Enterprise’s petition to intervene and held a hearing on its merits, i.e. to determine whether or not the record should be unsealed. That ultimate issue encompasses [99]*99far-reaching constitutional and cómmon-law considerations and is now before us for disposition.

As the Superior Court stated in Katz v. Katz, 356 Pa. Super. 461, 514 A.2d 1374 (1986), “a bright line test has yet to be formulated” to guide the court on this complex question.

At the same time, both federal and state courts have articulated certain fundamental principles applicable thereto which provide some general overall direction.

Under both the common law and the First Amendment to the United States Constitution, criminal and civil judicial proceedings and records are presumptively open to the public. Zenith Radio Corp. v. Matshuskita Electrical Industrial Co., 529 F. Supp. 866 (1981); Publicker Industries Inc. v. Cohen, 733 F.2d 1059 (1984). (emphasis supplied) However, neither under the common law nor under the First Amendment is that right absolute, but rather is subject to reasonable and sensible limitations.

I. Common Law

The common-law rule, which confers public right to access to court records, provides that every person is entitled to access “provided he (or she) has an interest therein for some useful purpose and not for mere curiosity.” Katz, supra.

Every court has supervisory powers over civil proceedings in progress before it and may deny access to its proceedings and records where such access may become a vehicle for harmful or improper purposes. Commonwealth v. Frattarola, 336 Pa. Super. 411, 485 A.2d 1147 (1984); Nixon v. Warner Communications Inc., 435 U.S. 589, 598, 98 S.Ct. 1306, 1312, 55 L.Ed.2d 570, 580 (1978).

[100]*100Thus, the public may be excluded temporarily, or permanently, from access to court proceedings, or records thereof * to protect private as well as public interests, or the privacy and reputations of innocent parties. Katz, supra.

Furthermore, these are not necessarily the only situations in which public access to judicial records may properly be denied. The decision as to public access must rest upon the sound discretion of the trial court. Frattarola, supra.

The trial court’s discretion, however, is not open-ended. Rather, access may be denied only if the trial court, after considering the relevant facts and circumstances of the particular case, and after weighing the interests advanced by the parties in light of the public interest and the duty of the courts, concludes that justice so requires. The trial court’s discretion must clearly be influenced by this country’s strong tradition of access to judicial proceedings. In balancing the competing interests, the trial court must also give appropriate weight and consideration to the presumption, however gauged, in favor of public access to judicial records. Frattarola, supra.

II. First Amendment

The First Amendment to the United States Constitution also embraces the right of access to civil trials to ensure that the constitutionally protected discussion of governmental affairs is an informed one. Public access to civil trials provides information leading to a better understanding of the operation of government, as well as promotes confidence in, and respect for, our judicial system, which could [101]*101not be inspired by a system of secrecy. Publicker Industries Inc. v. Cohen, 733 F.2d 1059 (3d Cir. 1984).

Under First Amendment rulings, the party seeking closure of a hearing, or the sealing of a transcript, bears the burden of showing that the material is the kind of information that courts will protect, and that there is good cause for the order to issue. Zenith Radio Corp. v. Matshuskita Electrical Industrial Co., supra; Publicker Industries, supra. Good cause is established by a showing that disclosure will work a clearly defined and serious injury to the party seeking closure.

The Pennsylvania Superior Court in Commonwealth v. Frattarola, supra, addressed the First Amendment right to access more specifically in an opinion filed in December 1984 (after the Publicker Industries decision had been handed, down).

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Related

Nixon v. Warner Communications, Inc.
435 U.S. 589 (Supreme Court, 1978)
Commonwealth v. Frattarola
485 A.2d 1147 (Supreme Court of Pennsylvania, 1984)
Katz v. Katz
514 A.2d 1374 (Supreme Court of Pennsylvania, 1986)
Zenith Radio Corp. v. Matsushita Electric Industrial Co.
529 F. Supp. 866 (E.D. Pennsylvania, 1981)
Publicker Industries, Inc. v. Cohen
733 F.2d 1059 (Third Circuit, 1984)

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Bluebook (online)
11 Pa. D. & C.4th 97, 1990 Pa. Dist. & Cnty. Dec. LEXIS 18, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beaver-v-mccolgan-pactcomplcolumb-1990.