Commonwealth v. Wisneski

29 A.3d 1150, 612 Pa. 91, 2011 Pa. LEXIS 2355
CourtSupreme Court of Pennsylvania
DecidedSeptember 29, 2011
StatusPublished
Cited by9 cases

This text of 29 A.3d 1150 (Commonwealth v. Wisneski) 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
Commonwealth v. Wisneski, 29 A.3d 1150, 612 Pa. 91, 2011 Pa. LEXIS 2355 (Pa. 2011).

Opinions

OPINION

Justice EAKIN.

Sean Pearce was bicycling along a road when he collided with a construction barrel and fell onto the road. At least two vehicles, one driven by appellee, subsequently struck him, and his injuries proved fatal. Appellee later admitted driving along the road when, initially thinking he hit a speed bump, he looked in his mirror and saw a body in the road. Appellee did not stop at the scene or alert police. The Commonwealth charged appellee with failure to stop at an accident, failure to comply with a duty to give information and render aid, and failure to immediately notify the police.1

Appellee filed a habeas corpus petition, seeking dismissal of these charges, as the Commonwealth could not prove Pearce was alive when appellee struck him. The trial court concluded the statutes required the victim to be alive at the time of the accident, reasoning “once a victim of an accident is dead, the accident concludes and the statutes cannot apply to vehicles that later come upon the scene.” Trial Court Opinion, 12/7/07, at 11. The trial court granted appellee’s petition and dismissed the information.

A divided panel of the Superior Court affirmed the trial court. Commonwealth v. Wisneski, No. 37 WDA 2008, 981 A.2d 326, unpublished memorandum at 7 (Pa.Super. filed June 10, 2009). The court found the statutes were unambiguous, and determined “[t]he Commonwealth ... has the burden of establishing [ajppellee was involved in an accident ‘resulting in,’ or had [sic] the consequence, effect, or conclusion of, injury or death.” Id., at 6. Because the Commonwealth stipulated it could not prove the victim was alive when appellee’s vehicle hit him, the court con-[1152]*1152eluded it could not prove a violation of the statutes.

Judge Klein filed a dissenting statement, arguing this was a single accident, which included two vehicles hitting the victim; because appellee hit the victim in this ongoing accident, the statutes applied to him. Commonwealth v. Wisneski, No. 87 WDA 2008, 981 A.2d 326, unpublished memorandum at 1 (Pa.Super. filed June 10, 2009) (Klein, J., dissenting). Judge Klein also opined, “I believe a hypothetical reasonable legislator would want the person in the striking vehicle to stop, see what was going on, and get assistance.” Id., at 2.

We granted allocatur on the following issue:

Where a motorist drives through the scene of a fatal accident and strikes the body of the accident victim, does the Commonwealth establish a prima facie case against the motorist for violating his duties to stop and render aid at the scene of the accident, if the Commonwealth is unable to prove that the victim was alive at the moment of the motorist’s impact?

Commonwealth v. Wisneski, 605 Pa. 461, 991 A.2d 881, 881 (2010) (table). “This is a purely legal question; thus, our standard of review is de novo, and our scope of review is plenary.” Commonwealth v. Patton, 604 Pa. 307, 985 A.2d 1283, 1286 (2009) (citing In re Milton Hershey School, 590 Pa. 35, 911 A.2d 1258, 1261 (2006)).

The Commonwealth argues the statutes apply to any driver “involved” in an accident, not just the driver who caused the accident. The Commonwealth submits the legislative purpose of these statutes is to require any motorist involved in an accident in which a human being is injured or killed, to stop, render aid, and notify police, and points out that under the predecessor statute, the Superior Court approved a jury instruction indicating the defendant had an obligation to stop even if another vehicle previously struck the victim. See Commonwealth v. Paterick, 239 Pa.Super. 1, 361 A.2d 715, 719 (1976).

Appellee argues the statutes do not apply to him because a living victim is an element of the statutes; he contends the Superior Court properly concluded the statutes require the Commonwealth to show the victim was living at the time of the accident. Appellee believes Paterick did not decide whether the driver had an obligation to stop when another vehicle had previously struck the victim. He alleges legislative history indicates these statutes only apply to a driver who “ ‘hits a human being and leaves that scene and that person dies.’ ” Appellee’s Brief, at 13 (quoting PA H.R. Jour., 2005 Reg. Sess. No. 74, at 2386). Lastly, appellee contends other states have interpreted similar statutes to require a victim to be alive at the time of the accident.

Pearce’s cousin filed an amicus curiae brief in support of the Commonwealth. She observes the statute’s language does not require the victim be living at the time of the accident. She suggests we should construe “injury” broadly enough to include post-mortem injuries, and argues the accident ended only after the last vehicle struck the victim, not when the victim died. Amicus contends appellee should not be excused from the universal statutory obligation to stop, notify, and aid merely because the victim may have died before being run over the final time. Requiring proof the victim was alive when appellee ran over him would create a loophole in these statutes, frustrating their purpose.

This is a matter of statutory interpretation, and “[t]he object of all interpretation and construction of statutes is to ascertain and effectuate the intention of the General Assembly. Every statute shall be con[1153]*1153strued, if possible, to give effect to all its provisions.” 1 Pa.C.S. § 1921(a). “When the words of a statute are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.” Id., § 1921(b).

Evaluating the words of this statute, we find nothing that defines an “accident” nor delineates its duration. Generally, an accident is an “unintended ... injurious occurrence.” Black’s Law Dictionary 15 (8th ed.2004). In the relevant realm of vehicle law, the breadth of the term encompasses any untoward and unintended contact between a vehicle and something else. The contact between ap-pellee’s car and Sean Pearce was an accident; by striking the body of the victim, appellee was clearly “involved in an accident.” It is equally clear he did not stop as required by law.

Indeed, the Vehicle Code makes it an obligation of every driver to stop if involved in an accident that results in any damage or injury whatsoever. The penalties for not stopping increase with the magnitude of the results of the accident, but the obligation to stop applies no matter how serious those results might be. Thus, § 3745 makes it a summary offense if the accident damages unattended vehicles or other property. If the property or vehicle is attended, § 3743 makes it a misdemeanor. If the accident results in death or injury to a person, § 3742 makes it a felony.

It is also worth noting that the obligation to stop is not triggered by causation; determining who caused the accident or the death is not part of the statute and is hence irrelevant.

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Bluebook (online)
29 A.3d 1150, 612 Pa. 91, 2011 Pa. LEXIS 2355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-wisneski-pa-2011.