Beckloff v. Patel

41 Pa. D. & C.4th 120, 1999 Pa. Dist. & Cnty. Dec. LEXIS 172
CourtPennsylvania Court of Common Pleas, Lawrence County
DecidedFebruary 11, 1999
Docketno. 10664 of 1995, C.A.
StatusPublished

This text of 41 Pa. D. & C.4th 120 (Beckloff v. Patel) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lawrence County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beckloff v. Patel, 41 Pa. D. & C.4th 120, 1999 Pa. Dist. & Cnty. Dec. LEXIS 172 (Pa. Super. Ct. 1999).

Opinion

PRATT, J.,

On September 3, 1994, at the Eldorado Motel in Shenango Township, Lawrence County, Pennsylvania, plaintiff Thomas E. Beckloff was injured when assaulted early in the morning by an unidentified person while staying with his plaintiff wife at the defendant motel as a guest. After a jury trial of this case, the jury, on January 7, 1998, entered a verdict in favor of the defendant. The plaintiffs timely filed a motion for post-trial relief, which was denied by the court on December 23,1998. This opinion is issued in support of this order.

DISCUSSION

In their motion for post-trial relief, plaintiffs contend that the defendant’s evidence was insufficient to warrant [122]*122an instruction to the jury regarding contributory negligence and/or was insufficient to support a verdict of contributory negligence. The plaintiffs request judgment n.o.v. or a new trial.

The court, in its final instructions to the jury, instructed the jury regarding the law on contributory negligence as it applied to plaintiff Thomas C. Beckloff as follows:

“There have been allegations in this case and evidence presented that the plaintiff, Thomas Beckloff, was contributorily negligent. That the plaintiff, Thomas Beckloff, had a choice on September 3, 1994, of proceeding one of two ways. One, which was perfectly safe, as alleged by the defendant, that is to stay in his room, and the other, which may have been a dangerous risk, and that the plaintiff, Thomas Beckloff, chose the dangerous way. The defendant has the burden of proving the existence of such negligence. You must, therefore, determine whether the plaintiff was negligent, in that, as an ordinarily prudent person, under all circumstances then present, the plaintiff, Thomas Beckloff, failed to exercise reasonable care for his own protection. If you find that plaintiff was negligent, you must then determine whether that negligent conduct was a substantial factor in bringing about plaintiff’s injuries.” Trial Transcript, January 5, 6 and 7, 1998, pp. 144-45.

In the verdict slip prepared for and submitted to the jury, the court included interrogatories for the jury’s determination of whether, (1) defendant was negligent, (2) defendant’s negligence was a substantial factor in causing Beckloff’s injuries, (3) Beckloff was contributorily negligent, and (4) Beckloff’s contributory negligence was a substantial factor in causing his injuries. The jury answered all four interrogatories in the affirmative.

The verdict slip also contained an interrogatory on comparative negligence, requesting the jury to apportion [123]*123the causal negligence between the parties. In response, the jury attributed 85 percent of the causal negligence to Beckloff and 15 percent to the defendant, resulting in a verdict for the defendant.

A defendant has the burden of proving a plaintiff’s contributory negligence. Hepler v. Hammond, 363 Pa. 355, 69 A.2d 95 (1949); McCullough v. Monroeville Home Association, 270 Pa. Super. 428, 411 A.2d 794 (1979).

“However, if there is some evidence of contributory negligence produced in any of the evidence, whether offered by a plaintiff or defendant, it is reversible error not to charge the jury on the issue when requested to do so by the defendant. . . . [Wjhere there is any evidence which alone could justify an inference of a disputed fact, such dispute must go to the jury, no matter how strong or persuasive may be the countervailing proof. . . .” McCullough, supra at 431, 411 A.2d at 795. (citations omitted)

Even minimal evidence of contributory negligence requires a charge to the jury on the issue. Karchner v. Flaim, 661 A.2d 928, 931 (Pa. Commw. 1995). “No matter how slight the evidence of plaintiff’s contributory negligence, it is reversible error not to charge the jury on the issue.” Id. at 932. (citation omitted)

It is error, however, to submit the question of contributory negligence to the jury if no evidence was presented from which a jury could find contributory negligence. Thomas v. Tomay, 413 Pa. 270, 196 A.2d 740 (1964). “A jury should not be permitted to make a finding of material fact in the absence of evidence to support the finding.” Id. at 273, 196 A.2d at 742.

In the instant case, there was ample evidence to support the court’s instruction to the jury on the issue of contributory negligence. The testimony of Beckloff [124]*124established that, while staying as a guest in a room at the Eldorado Motel, he was awakened in the early morning hours by the sound of glass breaking. T.T., p. 41. He further testified that he dressed and opened his hotel room door to exit to investigate the noise. Seeing nothing, he returned to his room. T.T., pp. 41-42. Later, Beckloff then testified as follows:

“Q: After you went back into your room and went back to bed, were you awakened at any other time that evening?
“A: Approximately 20 or 25 minutes later.
“Q: And, again, do you recall the nature of the disturbance which awoke you?
“A: Basically, the same thing, a lot of hollering and glass breaking.
“Q: And what did you do upon being awakened for the second time?
“A: Got up out of the bed. I looked out the window again and saw absolutely nothing. Got dressed and opened up the inside door to the hotel room.
“Q: Okay. Now, I have to ask you, Mr. Beckloff, at the time that you placed your hand on the doorknob for the second time that evening, what did you intend to do?
“A: My intentions were to just make sure that there wasn’t anything happening as far as my personal property out there, Gary’s car, my car. I assumed that everything was the same as it was the first time, or somebody was just driving through the parking lot.
“Q: And you put your hand on the door and opened the door. What then occurred, Mr. Beckloff?
“A: As soon as I opened the door up I still didn’t see a lot, but I started to take a small step out and [125]*125there was a gentleman standing with his back to the wall right next to my door.
“Q: When you say right next to you, what direction do you mean?
“A: The door opens up to the right, and the man was standing immediately on the left side.
“Q: When you previously looked out your window, had you seen anyone in the parking lot?
“A: No.
“Q: What did you do when you noticed the man standing to the left of your doorway?
“A: At that point I had started to take one step out. And I still had a hold of the door, and the gentleman swung around. He had a beer bottle raised above his head to hit me.

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Related

McCullough v. Monroeville Home Ass'n, Post 820, Inc.
411 A.2d 794 (Superior Court of Pennsylvania, 1979)
Thomas v. Tomay
196 A.2d 740 (Supreme Court of Pennsylvania, 1964)
Hepler, Admrx. v. Hammond
69 A.2d 95 (Supreme Court of Pennsylvania, 1949)
Karchner v. Flaim
661 A.2d 928 (Commonwealth Court of Pennsylvania, 1995)

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Bluebook (online)
41 Pa. D. & C.4th 120, 1999 Pa. Dist. & Cnty. Dec. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beckloff-v-patel-pactcompllawren-1999.