Estate of Cooper v. Pinebrook Services

47 Pa. D. & C.4th 260, 2000 Pa. Dist. & Cnty. Dec. LEXIS 169
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedJune 28, 2000
Docketno. 93-C-2177
StatusPublished

This text of 47 Pa. D. & C.4th 260 (Estate of Cooper v. Pinebrook Services) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Cooper v. Pinebrook Services, 47 Pa. D. & C.4th 260, 2000 Pa. Dist. & Cnty. Dec. LEXIS 169 (Pa. Super. Ct. 2000).

Opinion

BLACK, J.,

In this wrongful death and survival action1 plaintiffs have moved for a new trial following a jury verdict in favor of the defendants. The case arises from an incident on October 8, 1991, when plaintiffs’ decedent, April Renee Cooper, a 9-year-old child, was fatally injured. April was struck by a pickup truck as she was attempting to cross 15th Street in the [262]*262City of Allentown. Shortly beforehand, April had alighted from a school bus owned by defendant Laidlaw Transit Company and operated by defendant Shirley Reppert, a Laidlaw employee.

Plaintiffs Catherine M. Cotturo and George Rick Cooper brought the action as April’s parents and as administrators of her estate. However, legal custody of April at the time of her death was in the Montgomery County Office of Children and Youth Services. This agency had placed April in the physical custody of defendant Pinebrook Services for Children and Youth Inc., a nonprofit organization under contract with the agency to provide foster care services. Pinebrook had placed April in the foster home of defendant Judith Rehrig since November of 1990.

At trial, plaintiffs contended that Reppert and Laidlaw were negligent in dropping April off at an unauthorized and unsafe location. Plaintiffs settled their claims against Pinebrook and Rehrig prior to trial, but these defendants remained as parties in the case for the purpose of apportioning liability.

In response to special interrogatories, the jury found (1) that Reppert was not negligent; (2) that Laidlaw was negligent other than as employer of Reppert, but that Laidlaw’s negligence was not a substantial factor in bringing about April’s death; (3) that April was contributorily negligent, but that her contributory negligence was not a substantial factor in bringing about her death; and (4) that Rehrig was negligent and her negligence was a substantial factor in bringing about April’s death, but that plaintiffs were entitled to zero damages. A molded verdict in favor of all defendants was then entered.

[263]*263We believe that plaintiffs received a very fair trial and that their allegations of trial error are meritless. Therefore, plaintiffs’ post-trial motion is denied.

FACTS

In reviewing a motion for post-trial relief, we are required to examine the evidence in a light most favorable to the verdict winners, in this case the defendants, and to give them the benefit of all reasonable inferences that may be drawn from that evidence. Reynolds v. Thomas Jefferson University Hospital, 450 Pa. Super. 327, 330, 676 A.2d 1205, 1206 (1996). Hence, for purposes of plaintiffs’ motion the relevant facts are as follows:

April was a hyperactive, impulsive 9-year-old child with a learning disability. She was in the legal custody of OCYS, which had placed her in the physical custody of Pinebrook. Pinebrook assigned Rehrig as April’s foster parent, and from November of 1990 until her death April resided with Rehrig at her home in the City of Allentown. Rehrig is a widow with three children and five grandchildren. She has been a foster parent for 14 years, caring for approximately 55 children over that period of time.

In the fall of 1991, April was enrolled in classes for the learning disabled at the Union Terrace Elementary School in the Allentown School District. She was transported to and from that school on a bus owned and operated by Laidlaw, under contract with the Allentown School District. The bus- was driven on the date of the incident by a Laidlaw employee, Reppert. The contract for school bus service gave the school district the right [264]*264to select the bus routes and drop-off points. At the beginning of the 1991-1992 school year, the transportation plan established by the school district provided that April would be dropped off every afternoon after school on the east side of 15th Street, directly in front of the Jackson Elementary School. The Rehrig residence was a block and a half from this school, but was on the west side of 15th Street. Thus, for April to get from the drop-off point to her foster home, she had to cross 15th Street.

On several occasions at the beginning of the school year, Reppert observed April darting in front of the school bus and into traffic on 15th Street, presumably to return to her foster home located on the west side of 15th Street. As a result, Reppert changed the bus drop-off point from the east to the west side of 15th Street. Before doing so, Reppert consulted with her supervisor at Laidlaw, Helen Marrah, who obtained verbal authorization for the change from the school district. However, the records of the school district did not contain any mention of this authorization, and school district personnel had no recollection of a request for change.

April often attended activities at the Allentown Girls Club after school. On some days the Girls Club van was available to pick her up in front of the Jackson Elementary School on the east side of 15th Street, opposite the side on which her foster home was located and also opposite the side of the new drop-off point. On other days April would walk from the drop-off point to the Girls Club, which required her to cross a number of streets.

On the afternoon of Tuesday, October 8, 1991, after school, April was picked up at the Union Terrace School and transported by Reppert on the Laidlaw school bus. [265]*265April was dropped off with some other children at the new drop-off point on the west side of 15th Street. One of the children crossed to the east side of 15th Street under the protection of the flashing red lights on the bus. April did not immediately cross to the east side. However, shortly afterwards, she attempted to do so, presumably to board the Girls Club van in front of the Jackson Elementary School. In attempting to cross the street, April ran into the path of an oncoming pickup truck driven by Thomas Ritter. As a result, she suffered fatal injuries and was pronounced dead on the afternoon of October 8, 1991.

Plaintiffs initially instituted an action in the United States District Court for the Eastern District of Pennsylvania against the current defendants as well as the Allentown School District, its superintendent, and other parties. Federal jurisdiction was alleged on the theory that the actions of the school district and its superintendent had violated the United States Constitution. The district court dismissed the federal claims and refused to exercise pendent jurisdiction over the remaining state claims. Plaintiffs then commenced this action in the Lehigh County Court of Common Pleas against the current defendants and OCYS.

Plaintiffs discontinued their claim against OCYS prior to trial for reasons that do not appear of record.

DISCUSSION

The grant or denial of a motion for a new trial is a matter within the discretionary powers of the trial court. See Kiser v. Schulte, 538 Pa. 219, 225, 648 A.2d 1, 4 [266]*266(1994); Spang & Co. v. United States Steel Corp., 519 Pa. 14, 545 A.2d 861 (1988).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Livelsberger v. Kreider
743 A.2d 494 (Superior Court of Pennsylvania, 1999)
Kiser v. Schulte
648 A.2d 1 (Supreme Court of Pennsylvania, 1994)
Spang & Co. v. United States Steel Corp.
545 A.2d 861 (Supreme Court of Pennsylvania, 1988)
Takes v. Metropolitan Edison Co.
695 A.2d 397 (Supreme Court of Pennsylvania, 1997)
Neison v. Hines
653 A.2d 634 (Supreme Court of Pennsylvania, 1995)
Reynolds v. Thomas Jefferson University Hospital
676 A.2d 1205 (Superior Court of Pennsylvania, 1996)
Carroll v. Philadelphia Housing Authority
650 A.2d 1097 (Commonwealth Court of Pennsylvania, 1994)
Buckley v. Exodus Transit & Storage Corp.
744 A.2d 298 (Superior Court of Pennsylvania, 1999)
Vernon v. Stash
532 A.2d 441 (Supreme Court of Pennsylvania, 1987)
Aiello v. Southeastern Pennsylvania Transportation Authority
687 A.2d 399 (Commonwealth Court of Pennsylvania, 1996)
Holy Family College v. Workmen's Compensation Appeal Board
479 A.2d 24 (Commonwealth Court of Pennsylvania, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
47 Pa. D. & C.4th 260, 2000 Pa. Dist. & Cnty. Dec. LEXIS 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-cooper-v-pinebrook-services-pactcompllehigh-2000.