Carter v. United States Steel Corp.

604 A.2d 1010, 529 Pa. 409, 1992 Pa. LEXIS 90
CourtSupreme Court of Pennsylvania
DecidedMarch 6, 1992
Docket46 W.D. Appeal Docket 1990
StatusPublished
Cited by66 cases

This text of 604 A.2d 1010 (Carter v. United States Steel Corp.) 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
Carter v. United States Steel Corp., 604 A.2d 1010, 529 Pa. 409, 1992 Pa. LEXIS 90 (Pa. 1992).

Opinions

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

LARSEN, Justice.

On June 1, 1984, fourteen-year-old Andrew Carter (appellant) and a friend climbed an electrical transmission tower at USX’s Carrie Furnace Works in the borough of Swiss-vale, Allegheny County. While climbing the tower, Carter grabbed onto an uninsulated high voltage wire, and received a charge of electricity. His injuries resulted in amputation of his left forearm and one of his toes. An action was brought against USX pursuant to Section 339 of the Restatement (Second) of Torts, “Artificial Conditions Highly Dangerous to Trespassing Children.” The jury returned a verdict in favor of appellants in the amount of $1,500,000, later molded to $1,200,000 to reflect the jury’s apportionment of twenty percent of the negligence to Carter. The trial court subsequently granted USX a new trial after concluding that a television broadcast, viewed by certain jurors and discussed by the jury during deliberations, was prejudicial. On appeal, a Superior Court panel reversed the grant of a new trial. The case was subsequently reargued before Superior Court sitting en banc. A divided court affirmed the order granting a new trial. 390 [413]*413Pa.Super. 265, 568 A.2d 646. The issue before us, upon a grant of allocatur, is whether the broadcast was a proper basis for impeaching the jury’s verdict.

The jury began its deliberations on the afternoon of February 12, 1986. Not having reached a verdict that day, the jury was dismissed for the evening. During its 6:00 p.m. news program on February 12th, WTAE, a local television station, broadcast the following story (hereinafter, “the broadcast”):

The parents of an electrocuted sixteen-year-old are suing USX Corporation. Orlando Dudley died October 4th [1986] when he touched a live wire in the Carrie Furnace Mill. The North Braddock boy was searching for copper wire. His parents claim USX was negligent because it did not warn of electrical dangers. They say the company should have posted danger signs after another boy lost a hand and part of his foot in a similar 1984 electrocution there. A lawsuit on that incident is being heard now in Allegheny County Court.

(Trial Court Opinion at 8).

This broadcast substantially summarized the contents of an article which had appeared on the morning of February 12, 1987 in the eastern suburban edition of The Pittsburgh Post Gazette newspaper. The article was entitled, “Parents sue USX over boy’s mill death.” (hereinafter, “the article”). The final sentence of the article quoted the manager of public affairs for USX as stating that (other than the accidents involving the appellant herein and Orlando Dudley) “no other cases involving similar accidents at the Carrie Furnace mill have been filed.” 1 (The full article is attached as an Appendix hereto).

[414]*414On the morning of February 13, 1987 counsel for USX informed the trial court of the article and the broadcast. After the jury had resumed deliberations, the trial judge met with counsel in chambers. Counsel for USX asserted that the article was so prejudicial that the jury should be polled immediately in order to determine whether they had read the article or were aware of it. After discussing the matter with counsel, the trial judge decided not to interrupt the jury’s deliberations but to “let the matter roll.” (N.T. 2/13/87, at 11). Before leaving chambers, counsel for USX stated, “I think that for the purposes of protection of my client, I should put on the record informally here in chambers a motion for a mistrial because I think this article is so prejudicial that ... I would be remiss if I did not do so.” (Id., at 12). Contrary to the trial court opinion, the record reveals that the trial court neither granted nor denied the oral motion for a mistrial at the time.2 The final exchange between the trial judge and counsel for USX was as follows:

THE COURT: Maybe no one read it [the article] at all. Maybe you will get a defense verdict, then it becomes moot.
[COUNSEL FOR USX]: In that event, I will withdraw my motion.

(N.T. 2/13/87 at 15).

Shortly after the in-chambers conference ended, the jury returned its verdict on special interrogatories.

Before he dismissed the jury, the trial judge called each juror, individually, into his chambers and inquired about the article and the broadcast. The inquiries revealed that none of the jurors had read the article but that two of the jurors [415]*415had seen the broadcast and that it had been discussed during deliberations. There was also testimony regarding the effect of the broadcast, a matter which is discussed infra.

The subject of post-verdict testimony by jurors has been extensively discussed in other opinions of this Court and does not require prolonged discussion here. Briefly stated, the need to ensure fair trials, free from improper influences must be balanced with the need for finality and for protecting the sanctity of the jury room. The rule in Pennsylvania, as well as in a majority of jurisdictions, is that a juror is incompetent to testify as to what occurred during deliberations. Pittsburgh National Bank v. Mutual Life Insurance Company, 493 Pa. 96, 425 A.2d 383 (1981). This rule is often referred to as the “no impeachment” rule. However, in order to accommodate the competing policies in this area, a narrow exception has been recognized. The exception permits “post trial testimony of extraneous influences which might have affected [prejudiced] the jury during deliberations.” (Id. at 493 Pa. 101, 425 A.2d 383). Under this exception, the juror may testify only as to the existence of the outside influence, but not as to the effect this outside influence may have had on deliberations. Pittsburgh National Bank, citing Commonwealth v. Zlatovich, 440 Pa. 388, 269 A.2d 469 (1970). Under no circumstances may jurors testify regarding their subjective reasoning processes.

In the instant case, the trial judge disregarded the rule prohibiting testimony by jurors on the effect an extraneous influence may have had on their verdict. The transcript of the post-verdict polling of the jury contains precisely the type of inquiries which the law clearly prohibits. For example, the trial court stated to one juror, “You should say anything that comes to your mind.” (N.T., 2/13/87 at 31). The same juror was asked by the trial court, “So, then, that did have some effect on your deliberation and your [416]*416verdict?” Id. Another juror was asked by the trial court, “What persuaded you to change your mind?” (Id., at 35).3

The purpose for excluding testimony as to the effect of the extraneous influence was stated by us in Zlatovich, supra:

In the course of a jury’s deliberations each juror weighs countless factors many of which he may not consciously be aware he is even considering. This is a rubric of life.

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Cite This Page — Counsel Stack

Bluebook (online)
604 A.2d 1010, 529 Pa. 409, 1992 Pa. LEXIS 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-united-states-steel-corp-pa-1992.