Gallo v. J.C. Penney Casualty Insurance

476 A.2d 1322, 328 Pa. Super. 267, 1984 Pa. Super. LEXIS 4788
CourtSupreme Court of Pennsylvania
DecidedMay 11, 1984
Docket2185
StatusPublished
Cited by51 cases

This text of 476 A.2d 1322 (Gallo v. J.C. Penney Casualty Insurance) 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
Gallo v. J.C. Penney Casualty Insurance, 476 A.2d 1322, 328 Pa. Super. 267, 1984 Pa. Super. LEXIS 4788 (Pa. 1984).

Opinion

MONTEMURO, Judge:

The appellant, Concetta Gallo, commenced an action in trespass and assumpsit against appellee, J.C. Penney Casualty Insurance Company, to recover No-Fault benefits to which she claims entitlement by reason of injuries sustained *270 as a passenger in a snowmobile involved in an accident. The Court of Common Pleas of Northampton County, per the Honorable Franklin S. Van Antwerpen, granted the appellee’s motion for judgment on the pleadings on the ground that a snowmobile is not a motor vehicle as defined by the policy and by the No-Fault Act. 1 The court concluded that because a snowmobile is not a vehicle, the contract of insurance between appellant and appellee does not provide coverage for the snowmobile accident.

The sole question before us is whether the trial court erred in deciding as a matter of law that a snowmobile is not a motor vehicle. In reviewing a trial court’s order granting judgment on the pleadings, we are guided by the following standard:

[A] motion for judgment on the pleadings may be granted in cases which are so free from doubt that a trial would clearly be a fruitless exercise. Such a motion is in the nature of a demurrer; all of the opposing party’s well pleaded allegations are viewed as true but only those facts specifically admitted by him may be considered against him.

Karns v. Tony Vitale Fireworks Corporation, 436 Pa. 181, 184, 259 A.2d 687, 688 (1969); Bata v. Central-Penn National Bank of Philadelphia, 423 Pa. 373, 224 A.2d 174 (1966). A judgment on the pleadings shall not be entered when there are unknown or disputed issues of fact. North Star Coal Company v. Waverly Oil Works, Co., 447 Pa. 241, 288 A.2d 768 (1972); Sun Oil Company v. Bellone, 292 Pa.Super. 341, 437 A.2d 415 (1981). In conducting this inquiry, the court should confine its consideration to the pleadings and relevant documents. DiAndrea v. Reliance Savings and Loan Association, 310 Pa.Super. 537, 456 A.2d 1066 (1983); Del Quadro v. City of Philadelphia, 293 Pa.Super. 173, 437 A.2d 1262 (1981); SN, Inc. v. Long, 208 Pa.Super. 38, 220 A.2d 357 (1966). No affidavits, depositions or briefs may be considered. Id. Finally, we note that the “granting of a motion for judgment, on the plead *271 ings may be appropriate in cases that turn upon the construction of a written agreement.” DiAndrea v. Reliance Savings and Loan Association, supra, 310 Pa.Super. at 546, 456 A.2d at 1070.

The question before us was put into issue in the pleadings. See Defendant’s Answer and New Matter at p. 3, para. 17; Plaintiff’s Reply to New Matter at p. 1, para. 17. On May 6, 1982, the appellee filed a motion for judgment on the pleadings in which appellee contended, inter alia, that appellant had failed to state a claim upon which relief could be granted in that the insurance contract did not cover accidents involving snowmobiles. After briefs were filed by the parties and argument was held, the court granted the motion by order of July 6, 1982.

The insurance contract between the appellant and the appellee provides as follows:

SECTION I
PERSONAL INJURY PROTECTION COVERAGE
In accordance with the Pennsylvania No-Fault Motor Vehicle Insurance Act, the Company will pay any or all personal injury protection for:
(a) medical expenses,
(b) work loss,
(c) replacement services loss,
(d) funeral expenses, and
(e) survivor’s loss
for bodily injury to an eligible person due to an accident resulting from the maintenance or use of a motor vehicle as a vehicle.
DEFINITIONS
“Motor Vehicle” means any vehicle of a kind required to be registered under the Pennsylvania Vehicle Code. (Emphasis in original).

*272 This provision parallels the requirements of the Pennsylvania No-Fault Act. Accordingly, reference to the Pennsylvania Vehicle Code 2 is necessary to establish whether the term “motor vehicle” encompasses snowmobiles.

Section 102 of the 1976 Vehicle Code defines the terms “motor vehicle” and “vehicle”:

“Motor vehicle. ” A vehicle which is self-propelled except one which is propelled solely by human power or by electric power obtained from overhead trolley wires, but not operated upon rails.
“Vehicle. ” Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks.

75 Pa.C.S.A. § 102. These definitions are somewhat intertwined in that the definition of “motor vehicle” requires that the instrument or device in question be a “vehicle”. Construing these provisions in pari materia, and in conjunction with other provisions of the Vehicle Code which will be discussed infra we conclude that a snowmobile is a motor vehicle.

To qualify as a vehicle, a snowmobile is required to be (1) a device, (2) in, upon or by which persons or property may be transported upon a highway. The term “device” is not defined by the Vehicle Code; however, according to the common and approved usage of the word, 1 Pa.C.S.A.App. § 1903(a), we unhesitatingly conclude that a snowmobile is *273 a “device”. 3 Moreover, the Vehicle Code makes it clear that a snowmobile may be transported upon a highway.

The general rule is set forth at 75 Pa.C.S.A. § 7721(a), which states: “Except as otherwise provided in this chapter, it is unlawful to operate a snowmobile on any street or highway which is not designated and posted as a snowmobile road by the governmental agency having jurisdiction.” The exception is set forth at 75 Pa.C.S.A. 7722(a) which states:

§ 7722.

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Bluebook (online)
476 A.2d 1322, 328 Pa. Super. 267, 1984 Pa. Super. LEXIS 4788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallo-v-jc-penney-casualty-insurance-pa-1984.