Fritz v. Wright

907 A.2d 1083, 589 Pa. 219, 2006 Pa. LEXIS 2026
CourtSupreme Court of Pennsylvania
DecidedOctober 18, 2006
Docket116 MAP 2005
StatusPublished
Cited by25 cases

This text of 907 A.2d 1083 (Fritz v. Wright) 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
Fritz v. Wright, 907 A.2d 1083, 589 Pa. 219, 2006 Pa. LEXIS 2026 (Pa. 2006).

Opinions

OPINION

Justice BAER.

Appellant Gordon Fritz1 appeals from an order of the Superior Court reversing the order of the Court of Common Pleas of Chester County denying a motion for a mistrial filed by Hazel Wright, Carolyn Temple, Bonnie Stuart, and Samuel Wright (Appellees). The issue before this Court is whether 42 Pa.C.S. § 5104(b) and Article I, Section 6, of the Pennsylvania Constitution require that the same ten jurors vote identically on each question listed on a special interrogatory verdict sheet to sustain a proper “verdict” in the case. For the reasons that follow, we hold that any ten jurors who agree on a given interrogatory furnish a sufficient majority as to that question, and a verdict that requires a series of responses to interrogatories should be sustained even where a different grouping of ten jurors comprise the required majority for each individual question posed in a set of special interrogatories. Accordingly, we reverse the Superior Court’s contrary ruling.

[224]*224This matter arises out of personal injuries sustained on November 17,1998 when Appellant lost his balance and fell on Appellees’ driveway. Appellant was diagnosed with a shoulder injury, was treated medically, and allegedly missed over a year of work.

Appellant initiated this action by Writ of Summons and subsequent complaint filed on November 29, 2000, averring negligence by Appellees with respect to the design and maintenance of the driveway. Beginning on February 8, 2003, a three-day trial commenced before a twelve-member jury, during which the jury heard testimony that, among other damage claims, Appellant lost $45,000 in wages and suffered $6,300 in medical expenses as a result of his shoulder injury. After trial, the court submitted to the jury a verdict slip containing seven interrogatories.2 The twelve-person jury rendered its initial verdict in favor of Appellant for $51,300. Appellees’ counsel requested that the jury polled. After polling the jury twice, the trial court concluded that the jury had not reached a proper verdict because ten out of the twelve jurors did not agree on the amount of damages sustained by Appellant.3 [225]*225Specifically, only nine out of the twelve jurors believed that Appellant should receive an award of $51,300. The trial court, therefore, instructed the jury to resume its deliberations.

Following further deliberations, the jury again returned to the courtroom and rendered its final verdict in favor of Appellant for $51,300. The trial court again polled the jury. The polled jury was unanimous that Appellees were negligent (question one); that Appellees’ negligence was a substantial factor in causing Appellant’s harm (question two); and that Appellant was contributorily negligent (question three). On the issue of whether Appellant’s contributory negligence was a substantial factor in bringing about his harm (question four), ten jurors agreed that it was not, while jurors four and eight stated that Appellant’s contributory negligence was a substantial factor in bringing about his harm. On the question regarding the amount of damages (question six), while ten jurors believed that Appellant sustained $51,300 in damages, jurors four and nine stated that Appellant should only receive an award of $6,300.4 Thus, while ten jurors agreed on each individual interrogatory, the identities of the dissenters as to questions four and six were not consistent, and therefore, the same ten jurors did not agree as to all of the questions material to the verdict and award.

Appellees’ counsel moved for a mistrial, arguing that the jury was confused and had not reached a proper verdict because the same ten jurors did not agree on each question. The trial court denied Appellees’ motion and concluded that the jury had reached a valid verdict because at least ten out of twelve jurors agreed on every question on the verdict slip. The trial court opined that “[i]t is not unreasonable to infer that, rather than being confused, jurors no. 8 and 9 simply reached different conclusions about how to most fairly compensate [Appellant] in light of the evidence of damages, just as [226]*226they differed regarding the evidence of [Appellant’s] contributory negligence.” Tr. Ct. Op. at 10. Thus, the trial court denied Appellees’ motion for a mistrial.

Appellees appealed to the Superior Court, arguing that the verdict was improperly rendered because only nine jurors agreed with it in its entirety. A divided panel of the Superior Court agreed with Appellees, vacated the judgment, and remanded for a new trial. The panel majority examined the language of the Pennsylvania Constitution, which provides, in relevant part:

Trial by jury shall be as heretofore, and the right thereof remain inviolate. The General Assembly may provide, however, by law, that a verdict may be rendered by not less than five-sixths of the jury in any civil case.

Pa. Const. art. 1, § 6. In accordance with this provision, the General Assembly enacted 42 Pa.C.S. § 5104(b), which provides that “[i]n any civil case a verdict rendered by at least five-sixths of the jury shall be the verdict of the jury and shall have the same effect as a unanimous verdict of the jury.” The Superior Court framed the issue as whether the term “verdict” as used in the Pennsylvania Constitution and Section 5104(b) “consists of all of the answers to the interrogatories or whether each individual interrogatory is a separable ‘verdict.’ ” Fritz v. Wright, 872 A.2d 851, 852 (Pa.Super.2005). Addressing this question, the majority determined that verdict meant the former, reasoning that in the interest of justice it could not parse the verdict sheet and count the votes on individual questions as if each were a separate verdict. Rather, it held that the verdict upon which five-sixths of the jurors must agree is comprised of the total verdict inclusive of each interrogatory response. In this case, the Superior Court found that the total verdict was agreed to by only nine jurors, and thus was not a proper verdict, as nine was less than five-sixths of the total jury. The Superior Court majority noted that its holding would not prevent jurors with dissenting views from fully participating in the deliberation process. Instead, the majority opined that the dissenting jurors could continue [227]*227to express their disagreements throughout the deliberation process, and seek to persuade others to their views.

Judge Olszewski filed a dissenting opinion, in which he opined that the “same-juror rule” established by the majority unconstitutionally burdens a litigant’s right to a jury of twelve persons. He argued that there was a proper verdict in this case because at least ten jurors agreed Appellees were negligent; at least ten jurors agreed that Appellant’s contributory negligence was not a substantial factor in bringing about his harm; and at least ten jurors agreed that Appellant was entitled to $51,300 in damages. In support of his position, Judge Olszewski relied on Blum v. Merrell Dow Pharm. Inc., 534 Pa. 97, 626 A.2d 537

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Cite This Page — Counsel Stack

Bluebook (online)
907 A.2d 1083, 589 Pa. 219, 2006 Pa. LEXIS 2026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fritz-v-wright-pa-2006.