Harper v. United States Government

406 F. Supp. 1141, 1976 U.S. Dist. LEXIS 16944
CourtDistrict Court, E.D. Pennsylvania
DecidedJanuary 29, 1976
DocketCiv. A. No. 74-2479
StatusPublished
Cited by1 cases

This text of 406 F. Supp. 1141 (Harper v. United States Government) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harper v. United States Government, 406 F. Supp. 1141, 1976 U.S. Dist. LEXIS 16944 (E.D. Pa. 1976).

Opinion

MEMORANDUM AND ORDER

BRODERICK, District Judge.

The plaintiffs, Earline Harper and Benjamin Harrison, have brought this action against the United States pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b).1 The plaintiffs allege that a traffic accident which occurred on February 2, 1973 was proximately caused by the negligence of Sergeant First Class Robert A. Fox while Sergeant Fox was acting within the scope of his employment as a recruiter for the United States Army. Earline Harper contends that as a proximate result of the collision she received certain physical injuries, while Benjamin Harrison contends that as a proximate result of the collision his automobile sustained damage in the amount of $547.03. The United States has filed a counterclaim against the plaintiffs contending that the collision was proximately caused by the negligence of Earline Harper and that as a proximate result of the accident the United States Army vehicle Sergeant Fox was driving sustained damage in the amount of $332.42. This action was tried without a jury on May 21, 1975. On the basis of the evidence presented by both sides at trial, the Court has determined that it must enter judgment for the plaintiffs and against the defendant.

On February 2, 1973, at 3:15 p. m., Earline Harper was driving a 1969 Riviera in a northerly direction on 17th Street in the City of Philadelphia. The car which Ms. Harper was driving was owned by Benjamin Harrison, a friend of Ms. Harper. Ms. Harper was driving the car with the permission of Mr. Harrison and was returning from a trip to her place of employment, the Norristown State Hospital, where she had gone to pick up her paycheck. There were two passengers in the car with Ms. Harper, her two and one-half year old daughter, Shermika Harper, and a friend, David Williams. Mr. Williams was sitting in the front passenger seat with Ms. Harper’s daughter, Shermika, sitting on his lap. It was raining and while driving Ms. Harper had on her windshield wipers as well as her headlights. As Ms. Harper approached the intersection of 17th Street and Pulaski Avenue, she stopped at the southern curb of Pulaski Avenue for a red traffic signal. Seventeenth Street, in the area in question, has three lanes, two of which are used for traffic. The third is used for parking. Traffic on 17th Street is two-way, with cars traveling both north and south. As Ms. Harper faced north on 17th Street waiting for the red traffic light to turn green, she was in the far right lane or east lane of traffic. The middle lane directly to the left of Ms. Harper was for traffic traveling south on 17th Street, and the far left lane or west lane was used for parking. North of Pulaski Avenue on 17th Street the pattern of traffic shifted, with the far east lane being used for parking while the middle [1143]*1143lane was used by traffic going north on 17th Street and the far west lane was for traffic traveling south on 17th Street.

Ms. Harper, who was in the east lane of 17th Street, was waiting for the traffic light at the intersection of 17th and Pulaski to change and was preparing to make a left turn across traffic onto Pulaski Avenue. (N.T. 13). While waiting for the traffic light to change, Ms. Harper turned on her left turn signal and prepared to make her left turn. Ms. Harper did not move immediately when the traffic light turned green but waited for a car which was traveling south on 17th Street and which was also waiting for the traffic light at 17th and Pulaski to turn green to pass through the intersection at 17th and Pulaski. (N.T. 15, 27). When the car passed, the light being green, Ms. Harper proceeded into the intersection to make her left turn onto Pulaski Avenue (N.T. 15, 28). Ms. Harper stopped her car, however, before completing her turn in order to allow the vehicle driven by Sergeant Fox to pass. Sergeant Fox, who also had a green light, was proceeding south on 17th. Street. (N.T. 15, 29). After Ms. Harper brought her car to a stop, she was about half way across the intersection of 17th Street and Pulaski Avenue angled slightly to the left. (N.T. 15, 30). Ms. Harper first observed Sergeant Fox when he reached the north curb of 17th and Pulaski. She saw that Sergeant Fox was not paying attention to where he was driving but was talking to another person seated in the front seat of his car. (N.T. 16, 32). She testified that when she saw Sergeant Fox coming directly toward her car, she sounded her horn and tried to get his attention. (N.T. 15, 32). Sergeant Fox looked up and applied his brakes in an effort to stop before skidding into Ms. Harper. (N.T. 16, 33). The left front of Sergeant Fox’s ear contacted the left front of Ms. Harper’s vehicle. (N.T. 16, 17).

David Williams, the passenger who was in the front seat of Ms. Harper’s car, testified at the trial and corroborated Ms. Harper’s account of the accident. He testified that as Sergeant Fox approached the intersection of 17th and Pulaski, he was talking to a companion in the front seat of his car and was not watching where he was driving. (N.T. 55). Mr. Williams stated that Sergeant Fox then applied his brakes but slid into the Harper car. (N.T. 55, 56).

Sergeant Fox testified that there was no one in his car with him at the time of the accident. He stated that as he approached the intersection of 17th and Pulaski he saw the Harper vehicle with its left turn signal on and preparing to make a left turn. (N.T. 77, 78). Sergeant Fox testified that as he was traveling south on 17th Street at Pulaski Avenue, Ms. Harper suddenly veered into him as if she were making a left hand turn. (N.T. 79). Sergeant Fox testified that contact occurred before he had a chance to apply his brakes or turn away. (N.T. 84). The Court has accepted the version of the accident as testified to by Ms. Harper and Mr. Williams.

Under Pennsylvania law2 “The driver of a vehicle . . . intending to turn left within an intersection, shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close as to constitute an immediate hazard.” 75 P.S. § 1013(b). Furthermore, the operator of a motor vehicle at an intersection must exercise a higher degree of care than is required in normal travel and he must have his car under such control that he is normally able to stop if there is an impediment to his travel. Fidelity-Philadelphia Trust Co. v. Staats, 358 Pa. 344, 57 A.2d 830 (1948). A driver approaching an intersection must exercise a high degree of care in entering that intersection notwithstanding a traffic signal and a light in his favor and if he fails to exercise such care and take such precautions as a prudent man would in regard to the speed of his vehicle or the control of his car or [1144]*1144in keeping a lookout for cars approaching the intersection, he may be found to be negligent. Kimmel v. Yellow Cab Company, 414 Pa. 559, 201 A.2d 417 (1964); Lieberman v. Philadelphia Transportation Company, 410 Pa. 179, 188 A.2d 719 (1963); Enfield v. Stout, 400 Pa. 6, 161 A.2d 22 (1960); Martin v. Hoffman, 365 Pa. 364, 75 A.2d 529 (1950).

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Bluebook (online)
406 F. Supp. 1141, 1976 U.S. Dist. LEXIS 16944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harper-v-united-states-government-paed-1976.