Hough v. Meyer

55 Pa. D. & C.4th 473, 2002 Pa. Dist. & Cnty. Dec. LEXIS 153
CourtPennsylvania Court of Common Pleas, Fayette County
DecidedMarch 26, 2002
Docketno. 1838 of 2001 G.D.
StatusPublished
Cited by2 cases

This text of 55 Pa. D. & C.4th 473 (Hough v. Meyer) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Fayette County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hough v. Meyer, 55 Pa. D. & C.4th 473, 2002 Pa. Dist. & Cnty. Dec. LEXIS 153 (Pa. Super. Ct. 2002).

Opinion

WARMAN, J.,

Presently before this court for disposition are preliminary objections filed on behalf of defendants, Michael Arthur Meyer, Schneider National Inc., and Schneider Specialized Carriers Inc., to plaintiffs’ complaint.

Defendants raise several objections for our consideration. Defendants first object pursuant to Pa.R.C.P. 1028(a)(4) to the negligent infliction of emotional distress claims contained in Counts 2, 6, and 10 of plaintiffs’ complaint. Defendants argue that it is unclear whether a cause of action for negligent infliction of emotional distress exists in this Commonwealth. To the extent that it does exist, defendants argue that such a cause [475]*475of action may only be maintained under either the physical impact rule or the bystander rule, and that neither apply under the facts as alleged in plaintiffs’ complaint. Defendants, therefore, request this court to dismiss the negligent infliction of emotional distress claims contained in Counts 2, 6, and 10 of plaintiffs’ complaint.

Defendants next object pursuant to Pa.R.C.P. 1028(a)(4) to the intentional infliction of emotional distress claims contained in Counts 3, 7, and 11 of plaintiffs’ complaint. Defendants argue that the alleged conduct was neither extreme nor outrageous and that plaintiffs have, therefore, failed to state a claim upon which relief may be granted. Defendants Schneider National Inc. and Schneider Specialized Carriers Inc. further argue that the intentional infliction of emotional distress claims contained in Counts 7 and 11 fail to state a claim upon which relief may be granted because the complained of conduct was not alleged to have been committed with the intent to cause emotional distress to the plaintiffs. Defendants, therefore, request this court to dismiss the intentional infliction of emotional distress claims contained in Counts 3, 7, and 11 of plaintiffs’ complaint. In the alternative to a dismissal of the intentional infliction of emotional distress claims contained in Count 3, defendant Michael Arthur Meyer requests that the claim for punitive damages set forth under said count be stricken as legally insufficient. Defendants’ final objection is made pursuant to Pa.R.C.P. 1028(a)(2) wherein they request this court to strike plaintiffs’ request for counsel fees for failure to conform to law.

Upon consideration of plaintiffs’ complaint, applicable law, briefs, arguments, and submissions of counsel, and [476]*476for reasons more fully discussed herein, defendants’ preliminary objections are Sustained in part and Overruled in part. Before addressing the merits of defendants’ preliminary objections, we shall recount the facts and history of the present cause of action.

BACKGROUND

This action arises as a result of a motor vehicle accident which is alleged to have occurred on May 18,2001, when a tractor-trailer operated by defendant Michael Arthur Meyer under the employ of defendants, Schneider National Inc., and Schneider Specialized Carriers Inc., collided with the premises owned by plaintiffs Nancy and Kenneth Hough.

Plaintiffs allege that shortly before the collision, defendant Meyer had been traveling north on State Route 711. They allege that he became lost, turned the tractor-trailer around, and then began to travel south on State Route 711.

While traveling south on State Route 711, plaintiffs allege that defendant Meyer lost control of the vehicle due to a brake and/or braking system failure. They further allege that he then made a conscious decision to leave State Route 711 and to drive the tractor-trailer onto their property and into their home. They claim that the collision tore off their front porch, knocked out and obliterated their stone retaining wall, altered their home’s foundation, smashed the front windows and doors to their home, destroyed their front yard, and sent both small and large pieces of plate glass flying into and throughout their entire home. At the time of the collision, Nancy [477]*477Hough was taking a bath and Kenneth Hough was watching television.

As a direct and proximate result of the collision, plaintiffs claim to have suffered extensive damage to their property and home located at 1209 Springfield Pike, Connellsville, Pennsylvania, and severe and permanent mental and emotional shock, including but not limited to, anxiety, distress, depression, a general decline in health, high blood pressure, heart palpitations, post-traumatic syndrome, recurrence of cancer, and sleeplessness.

Thereafter, on or about August 15, 2001, a 13-count complaint was filed on plaintiffs’ behalf in the Court of Common Pleas of Fayette County, Pennsylvania. Said complaint contains claims for negligence, negligent en-trustment, negligent infliction of emotional distress, and intentional infliction of emotional distress. On October 4, 2001, defendants filed the preliminary objections now before this court, and on November 20, 2001, we heard oral argument thereon.

DISCUSSION

It is well settled that in ruling on preliminary objections, the court must accept as true all well-pled facts and all inferences reasonably deducible therefrom; however, the court need not accept as true conclusions of law, unwarranted inferences from the facts, argumentative allegations, or expressions of opinion. Dorfman v. Pennsylvania Social Services Union—Local 668 of the Service Employees International Union, 752 A.2d 933 (Pa. Commw. 2000); Turner v. Pennsylvania Board of Probation and Parole, 749 A.2d 1018 (Pa. Commw. 2000).

[478]*478Preliminary objections may be filed on the ground of legal insufficiency of a pleading; such an objection is commonly referred to as a demurrer. Preliminary objections in the nature of a demurrer require this court to resolve issues solely on the basis of the pleading with no other evidence being considered. Mellon Bank v. Fabinyi, 437 Pa. Super. 559, 650 A.2d 895 (1994).

In order to sustain a demurrer, it is essential that the face of the complaint indicate that its claims may not be sustained and the law will not permit recovery. Chichester School District v. Chichester Education Association, 750 A.2d 400 (Pa. Commw. 2000), allocatur denied, 2000 Pa. Lexis 2684. If there is any doubt, it should be resolved by overruling the demurrer. Id.

A preliminary objection in the nature of a demurrer should be sustained only in cases that clearly and without doubt fail to state a claim upon which relief may be granted. County of Allegheny v. Commonwealth, 507 Pa. 360, 490 A.2d 402 (1985). If any theory will support the pleading challenged by the preliminary objection, the objection will be denied. Cianfrani v. Commonwealth State Employees’ Retirement Board, 505 Pa. 294, 479 A.2d 468 (1984).

The only issue to be resolved by a preliminary objection on the ground of legal insufficiency in the nature of a demurrer is whether the facts as alleged in the pleading are sufficient to entitle the claimant to relief. Gillespie v. St. Joseph’s University, 355 Pa. Super.

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Bluebook (online)
55 Pa. D. & C.4th 473, 2002 Pa. Dist. & Cnty. Dec. LEXIS 153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hough-v-meyer-pactcomplfayett-2002.