Dankambary v. FSF Trading Corp.

18 Pa. D. & C.5th 342
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedNovember 23, 2010
Docketno. 2007-01639-35
StatusPublished

This text of 18 Pa. D. & C.5th 342 (Dankambary v. FSF Trading Corp.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dankambary v. FSF Trading Corp., 18 Pa. D. & C.5th 342 (Pa. Super. Ct. 2010).

Opinion

BALDI, J.,

I. Introduction

FSF Trading Corporation and Banner Smoked Fish, Inc. appeal to the Superior Court of Pennsylvania from this court’s August 19, 2010 order denying their motion for summary judgment and granting Penske Truck Leasing Co., L.P.’s motion for summary judgment. We file this opinion pursuant to Pennsylvania Rule of Appellate Procedure (Pa.R.A.P.) 1925(a).

II. Factual and Procedural Background

On March 1, 2007, Daouda Dankambary and his wife, Shauntey Gibbs Dankambary (hereafter “original plaintiffs”), filed a complaint against FSF Trading Corporation and Banner Smoked Fish, Inc. (hereafter “original defendants” or individually as “FSF Trading” and “Banner”). Original plaintiffs’ complaint, alleging negligence and loss of consortium, was filed in response to injuries Daouda Dankambary sustained while washing trucks at 3185 Tucker Road in Bensalem, Pennsylvania, property owned by FSF Trading and rented by Banner. Specifically, Daouda Dankambary fell into an uncovered drainage ditch — approximately eighteen (18) inches in diameter — which was normally covered by a metal lid. [344]*344Oral arg. 8/16/10 at 12. He suffered significant injuries as a result of this fall.1

On September 26, 2008, original defendants filed a j oinder complaint against Penske Truck Leasing Company, L.P. (hereafter “Penske”), alleging that Penske should be liable for contribution or indemnification. Org. defs.’ Joinder Compl. 3. This allegation stemmed from the fact that Daouda Dankambary was at the Tucker Road facility to wash Penske trucks that Banner had leased from Penske. More specifically, Banner leased trucks from Penske, and in their Vehicle Lease Agreement, Penske agreed to periodically wash the exterior of the leased vehicles. To meet this contractual obligation, Penske hired Fleetwash, a truck washing contractor. Daouda Dankambary was an employee of Fleetwash, and on the evening of May 1, 2006, Daouda Dankambary, in his capacity as Fleetwash employee, went out to the Tucker Road facility to wash the leased vehicles. He then fell and injured himself on the uncovered drainage ditch. All parties agree that Penske and their truck washing contractor had no part in creating or maintaining the hazardous condition that caused Daouda Dankambary’s injuries; the drainage ditch remained a hazard due to original defendants’ conduct. Oral arg. 8/16/10 at 3;12. In their joinder complaint, [345]*345original defendants alleged that Penske would be liable to them on the basis that Penske breached a vehicle lease agreement by and between Penske and Banner, and/or Penske was negligent for sending Daouda Dankambary to the property to wash the vehicles. Org. defs.’ joinder compl. 3. To elaborate, original defendants argued that, under the terms of the lease agreement between Penske and Banner, Penske was to wash the leased trucks at Penske’s rental facility, and not at 3185 Tucker Road; thus, Penske breached the lease agreement by washing the trucks at 3185 Tucker Road and breached their duty of care by not informing Fleetwash that their employees were not to wash the trucks at the Tucker Road facility.

Original plaintiffs and original defendant banner eventually settled their dispute for seventy-five thousand dollars ($75,000). Original defendants and Penske continue to litigate original defendants’ contribution/ indemnification claim. It should be noted that the vehicle lease agreement does not contain a clause addressing contribution or indemnification.

In summary, this action was commenced by Daouda Dankambary in response to his falling into a drainage ditch left uncovered as a result of original defendants’ conduct; Original defendants filed suit against Penske in an attempt to shift their losses to Penske. This appeal stems from cross-motions for summary judgment filed by Penske and original defendants: Penske filed a summary judgment motion on April 4, 2010, to which original defendants responded, and original defendants filed a summary judgment motion on May 5, 2010 to which Penske responded. On August 16, 2010, this court heard oral argument on the cross-motions for summary judgment. Following oral argument, the undersigned [346]*346carefully reviewed the cross-motions for summary judgment and the briefs submitted by the parties in support and opposition to said motions. The court also took into consideration the statements made by counsel on behalf on their clients at oral argument and considered these statements to be judicial admissions. The undersigned concluded that Penske was entitled to summary judgment, and therefore, by order dated August 19, 2010 and docketed August 24, 2010, the undersigned granted Penske’s summary judgment motion and denied original defendants’ summary judgment motion.

On September 23, 2010, original defendants timely filed this appeal. Thereafter, on October 15,2010, plaintiff provided a statement of errors complained of on appeal in accordance with this court’s order for same.

III. Statement of Matters Complained of on Appeal

Original defendants have raised four issues on appeal:

1. In denying the summary judgment motion of appellants, and granting the summary judgment motion of appellee, Penske Truck Leasing Company, L.P. (“appellee”), the trial judge ignored the uncontroverted evidence of record which established that the intention of the parties was for Penske to wash Banner’s trucks on Penske’s premises, and not on Banner’s premises.
2. In denying appellants’ summary judgment motion, and in granting appellee’s summary judgment motion, the trial judge ignored the fact that the contract between the parties contains an integration clause in which both parties explicitly agreed that the entire agreement [347]*347between the parties was contained within that document; in reaching his decision, the trial judge looked outside the “four comers” of the document improperly to ascertain the intention of the contracting parties.
3. In denying appellants’ summary judgment motion, and in granting appellee’s summary judgment motion, the trial judge, in ascertaining the intention of the contracting parties, improperly violated the parol evidence rule and considered matters extrinsic to the contract, where the intentions of the parties was clearly manifest in the contract document itself.
4. In denying appellants’ motion for summary judgment, and in granting appellee’s motion for summary judgment the trial judge improperly concluded that the breach of contract by Penske was not the proximate cause of any losses suffered by appellants.

IV. Discussion

a. Legal Standard: Summary Judgment

“A motion for summary judgment may be properly granted only if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Wash. Fed. Say. and Loan Ass’n v. Stein, 515 A.2d 980, 981 (Pa. Super. 1986). “The record must be viewed in the light most favorable to the nonmoving party, and all doubts as to the existence of a genuine issue of material fact must be resolved against the moving party.” Marks

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Bluebook (online)
18 Pa. D. & C.5th 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dankambary-v-fsf-trading-corp-pactcomplbucks-2010.