Gore v. Bethlehem Area School District

43 Pa. D. & C.3d 197, 1986 Pa. Dist. & Cnty. Dec. LEXIS 195
CourtPennsylvania Court of Common Pleas, Northampton County
DecidedAugust 27, 1986
Docketno. 1985-C-3021
StatusPublished

This text of 43 Pa. D. & C.3d 197 (Gore v. Bethlehem Area School District) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Northampton County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gore v. Bethlehem Area School District, 43 Pa. D. & C.3d 197, 1986 Pa. Dist. & Cnty. Dec. LEXIS 195 (Pa. Super. Ct. 1986).

Opinion

WILLIAMS, P.J.,

— Presently before the court is defendant Bethlehem Area School District’s motion for summary judgment. Counsel have submitted briefs and, after careful review of the record compiled in this matter, we find the following to be relevant.

On October 30, 1984, at approximately 4:00 p.m., James Smith, a minor, was engaged in recreational activities in and around the gymnasium area, and rooms located nearby, on the premises of Marvine Elementary School in Bethlehem, Pa. During this recreational period, James Smith proceeded to hang on a chinup,bar located in a doorway that led to a room next to the gymnasium area. As he attempted to hang on the chinup bar located in the arch of the doorway, the bar became dislodged from its position and fell, striking James in the face and mouth causing serious injuries.

Plaintiff, Ruth Gore, brought this action as parent and natural guardian of James Smith, a minor, and in her own right, to recover compensatory damages as a result of the injuries sustained by James Smith on October 30, 1984. In her complaint, plaintiff alleges that defendant, Bethlehem Area School District, had the responsibility for the care, custody or control of real property owned and/or possessed, and/or used by it, including the aforesaid elementary school.

[199]*199In response to the complaint, defendant filed an answer and new matter, alleging that it is entitled to immunity from civil tort liability pursuant to the Governmental Immunity Act, 42 Pa.C.S. §8541 et seq. Defendant contends that the chinup bar utilized by the minor, James Smith,, at the time of his accident is a chattel item, and is considered moveable equipment or property, not' a fixture or real property permanently placed on the premises of the elementary school. Defendant has moved for summary judgment on the basis that the allegations in plaintiff’s complaint fail to bring it within the exceptions to local governmental immunity.

In considering defendant’s motion for summary judgment, we are guided by the following principles. Under Pa. R.C.P. 1035(b), a motion for summary judgment shall be granted by the court where the record establishes that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Thorsen v. Iron and Glass Bank, 328 Pa. Super. 135, 140, 476 A. 2d 928, 930 (1984); Bollinger v. Palmerton Area Community Endeavor Inc., 241 Pa. Super. 341, 351, 361 A.2d 676, 681 (1976). Such judgment is to be entered only in clear cases, when there is no doubt as to the absence of a triable issue of fact, Williams v. Pilgrim Life Ins. Co., 306 Pa. Super. 170, 172, 452 A.2d 269, 270 (1982); Community Medical Services of Clearfield Inc. v. Local 2665, AFSCME, 292 Pa. Super. 238, 242, 437 A.2d 23, 25 (1981), and all doubts as to the existence of a genuine issue of material fact must be resolved against the party moving for summary judgment. Thorsen v. Iron and Glass Bank, supra, 328 Pa. Super, at 141, 476 A.2d at 930-931 (1984); Williams v. Dobransky, 304 Pa. Super. 483, 450 A.2d 1015 (1982). Such a determination precludes, by its very [200]*200nature, a full trial on the merits and so should be exercised sparingly.

The motion presently before the court requires us to determine whether James Smith’s injuries occurred as a result of one of the eight statutory exceptions to governmental immunity enumerated in 42 Pa.C.S. §8542(b), namely §8542(b)(3).

That section provides for the imposition of liability on a local agency for:

“Real property. — The care, custody or control of real property in the possession of the local agency, except that the local agency shall not be liable for damages on account of any injury sustained by a person intentionally trespassing on real property in the possession of the local agency. As used in this paragraph, “real property” shall not include:

(i) trees, traffic signs, lights and other traffic controls, street lights and street lighting systems;

(ii) facilities of stream, sewer, water, gas and electric systems owned by the local agency and located within rights-of-way;

(iii) streets; or

(iv) sidewalks.”

In this case, § 8542(b)(3) will apply only if the chinup bar is considered real property within the meaning of that section. The Judicial Code does not define the terms “property,” “real property” or “personal property.” The Statutory Construction Act of 1972, §3 as amended, 1 Pa.C.S. §1991, defines “property” as “includ[ing] both real and personal property,” but fails to further define either real or personal property. Absent such statutory definitions, we turn to the traditional concepts governing the affixation of tangible personal property to land, namely the law pertaining to fixtures.

A fixture is an article in the nature of personal property which has been so annexed to the realty [201]*201that it is regarded as a part of the land. See Black’s Law Dictionary, Fifth Edition (1979). The court in Garman v. Conemaugh Township School District, 29 D. & C. 3d 478 (1984), set forth the following principles of fixture law which we have considered in reviewing this case.

(1) “A fixture is an article of personal property which, because of its physical annexation to the soil or appurtenance, thereto, or because of its essential use in a specific business, has become part of the real estate, in legal contemplation.” Pennsylvania Law Encyclopedia, Fixtures §1. “Fixtures are articles which were personalty but which by being annexed to realty are regarded as a part thereof.” Corpus Juris Secundum, Fixtures §1, page 587. “The term ‘fixture’ is applied to articles of the nature of personal property which have been affixed to land and which retain their separate identity.” Id. page 588.

(2) Whether or not equipment, furnishings, and other similar property are to be regarded as separate personal property or as part and parcel of the real estate . . . depends upon whether or not under all the circumstances such property can properly be said to have been incorporated into the freehold by the one installing it or placing it upon the premises.” Summary of Pennsylvania Jurisprudence, Real Property II §264. “What constitutes a fixture depends upon the facts and circumstances of the particular case, including the relationship of the parties, and is'determined by the united application of the requisites, annexation, adaptation, and intention.” Corpus Juris Secundum, Fixtures §1, page 587.

(3) “. . . [WJhether articles are fixtures depends on the nature and character of the act by which they have been put in place, the policy of the law and the [202]*202intentions of the parties.” Pennsylvania Law Encyclopedia, Fixtures §1, page 329.

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Related

Thorsen v. Iron and Glass Bank
476 A.2d 928 (Supreme Court of Pennsylvania, 1984)
Williams v. Pilgrim Life Insurance
452 A.2d 269 (Superior Court of Pennsylvania, 1982)
Bollinger v. Palmerton Area Communities Endeavor, Inc.
361 A.2d 676 (Superior Court of Pennsylvania, 1976)
Williams v. Dobransky
450 A.2d 1015 (Superior Court of Pennsylvania, 1982)
Brown v. Quaker Valley School District
486 A.2d 526 (Commonwealth Court of Pennsylvania, 1984)

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Bluebook (online)
43 Pa. D. & C.3d 197, 1986 Pa. Dist. & Cnty. Dec. LEXIS 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gore-v-bethlehem-area-school-district-pactcomplnortha-1986.