Com., Dept. of Transp. v. Taylor

841 A.2d 108, 576 Pa. 622, 2004 Pa. LEXIS 25
CourtSupreme Court of Pennsylvania
DecidedJanuary 20, 2004
Docket52 WAP 2000
StatusPublished
Cited by55 cases

This text of 841 A.2d 108 (Com., Dept. of Transp. v. Taylor) 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
Com., Dept. of Transp. v. Taylor, 841 A.2d 108, 576 Pa. 622, 2004 Pa. LEXIS 25 (Pa. 2004).

Opinions

OPINION

JUSTICE CASTILLE.

The issue before this Court is whether the statutory privilege set forth in § 3754(b) of the Motor Vehicle Code, 75 Pa.C.S. § 101 et seq., justified the Commonwealth of Pennsylvania, Department of Transportation (Penn DOT) in moving to quash a subpoena secured by appellee Gerald S. Taylor, which sought Penn DOT accident reports, safety studies, and accident investigations for the purpose of preparing his defense in a criminal prosecution. The courts below construed the privilege not according to its plain language, but in a narrower fashion dictated by the courts’ view of the statute’s alleged purpose. So construed, the courts held that the statutory privilege did not extend to the request made by Taylor. For [625]*625the reasons set forth below, we reverse the order of the Superior Court and quash the subpoena.

On May 15, 1996, appellee was driving on Ohio River Boulevard, State Route 65, in Pittsburgh when his vehicle crossed over into oncoming traffic and collided with a vehicle driven by Larry McDonald, Jr. Mr. McDonald died as a result of injuries suffered in the collision. Appellee was later charged with, inter alia, vehicular homicide,1 involuntary manslaughter,2 and driving under the influence of alcohol.3

In 1997, Penn DOT hired a contractor to widen the section of Ohio River Boulevard where the collision had occurred from 20 to 24 feet, and to install a concrete barrier between the opposing lanes of traffic. Appellee retained an expert to determine whether the post-accident .improvements suggested a pre-existing defect in the design of the roadway which might lessen appellee’s culpability in McDonald’s death. The expert reported that he could not form an opinion about whether the design of the road contributed to the collision without reviewing the construction and design records of the relevant portion of the roadway. Appellee requested that Penn DOT, a non-party in his pending criminal matter, produce its construction and design records both pre-dating and post-dating the accident, as well as records, accident studies and reports of sixteen traffic accidents that had occurred at that location in 1995 and 1996.

Penn DOT delivered its engineering studies but declined to provide its reports on other accidents at the location, invoking the privilege set forth in § 3754(b) of the Motor Vehicle Code, which provides:

(b) Confidentiality of reports. — In-depth accident investigations and safety studies and information, records and reports used in their preparation shall not be discoverable nor admissible as evidence in any legal action or other proceeding, nor shall officers or employees or the agencies [626]*626charged with the development, procurement or custody of in-depth accident investigations and safety study records and reports be required to give depositions or evidence pertaining to anything contained in such in-depth accident investigations or safety study records or reports in any legal action or other proceeding.

Id. Appellee then petitioned the trial court to issue a subpoena duces tecum directing Penn DOT to produce the very items that are covered by § 8754(b):

Reports submitted to the Department of Transportation pursuant, [sic] to 75 Pa.C.S. § 3754(a), pertaining to motor vehicle accidents that occurred during 1995 and 1996 on segments 20 through 30 and 21 through 31 of Ohio River Boulevard, State Route 65, which reports were used in the preparation of an “in-depth” accident investigation and/or safety study, within the meaning of 75 Pa.C.S. § 3754(b). Accident investigations and/or safety studies prepared, conducted and/or performed by or for the Department of Transportation with respect to segments 20 through 30 and 21 through 31 of Ohio River Boulevard, State Route 65, preparatory to the award of Department of Transportation contract no. 111492, which investigations and/or accident studies were “in-depth” within the meaning of 75 Pa.C.S. § 3754(b).

Penn DOT moved to quash the subpoena, arguing that the documents requested by appellee were privileged and not discoverable in light of § 3754(b).

On March 9, 1998, the trial court granted appellee’s request for the subpoena and denied Penn DOT’S motion to quash. The trial court stayed its order, however, and certified the question of the applicability of the statutory privilege for interlocutory appeal, pursuant to 42 Pa.C.S. § 702(b), since it was a controlling question of law as to which there was a substantial ground for difference of opinion. On the merits, the court explained its reasoning in a subsequent opinion. The court recognized that the statute “plainly and unambiguously prohibits both the discoverability and admission of such information in any proceeding.” Slip op. at 3. Nevertheless, [627]*627the court concluded that, “[t]he Commonwealth’s interest in protecting its financial and administrative records cannot rise to the level of protection afforded citizens when the liberty of a criminal defendant is at stake in evidentiary matters.” Id. at 4. The court resolved the conflict it perceived between the statute’s plain language and a criminal defendant’s liberty interest by construing the privilege as not applying in this instance.

On appeal, an en banc panel of the Superior Court held that the § 3754(b) privilege had to be deemed limited by the purpose of the statute suggested by § 3754(a)4 which, the court concluded, was “to effect a safe and efficient system of motor vehicle transportation in Pennsylvania by providing its officers and employees with an unbiased, honest, and accurate body of information regarding motor vehicle accidents.” Commonwealth v. Taylor, 746 A.2d 626, 631 (Pa.Super.2000) (en banc). The court found that disclosure of the records sought by appellee for purposes of his criminal defense would not interfere with that purpose. Because it viewed the dispute as involving a question of statutory construction and then found the privilege inapplicable in light of the limiting construction it derived from its conclusion as to the alleged legislative purpose of the statute, the Superior Court did not consider appellee’s alternative argument that a determination that the materials were privileged would deny his due process right of access to exculpatory information.5

[628]*628Penn DOT responds that the plain language of the statute, which provides that accident investigations, reports and safety studies are not discoverable or admissible “in any legal action or other proceeding,” makes clear that the documents sought by appellee were shielded and not discoverable. Penn DOT argues that the courts below were not free to ignore that plain language and essentially rewrite the statute to better serve what the Superior Court viewed as the statute’s purpose. Proceeding to the constitutional question avoided by Superior Court’s construction of the statute, Penn DOT argues that, under this Court’s precedents, the statute is constitutional.

In response, appellee concedes the principle that, where the words of a statute are clear and free from all ambiguity, the words cannot be disregarded under the pretext of pursuing the supposed spirit of the legislation.

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Cite This Page — Counsel Stack

Bluebook (online)
841 A.2d 108, 576 Pa. 622, 2004 Pa. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/com-dept-of-transp-v-taylor-pa-2004.