Hueitt v. Philadelphia Media Holdings, LLC

33 Pa. D. & C.5th 415
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedOctober 7, 2013
DocketNo. 03553
StatusPublished

This text of 33 Pa. D. & C.5th 415 (Hueitt v. Philadelphia Media Holdings, LLC) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hueitt v. Philadelphia Media Holdings, LLC, 33 Pa. D. & C.5th 415 (Pa. Super. Ct. 2013).

Opinion

MASSIAH-JACKSON, J.,

A. FACTUAL BACKGROUND and PROCEDURAL HISTORY

In October, 2006, Ms. Harriet Hueitt was driving her car in Southwest Philadelphia, when she stopped at the intersection to purchase a Philadelphia Daily News from a man standing in the roadway. Ms. Hueitt’s vehicle was struck from behind by Mr. Jeffrey Alexander Vargas.

As a result of the injuries sustained by the impact, Plaintiff-Hueitt commenced this litigation in 2008, against Mr. Vargas and Philadelphia Media Holdings, LLC (“PMH”). When discovery was complete, PMH filed a motion for summary judgment. On June 13, 2011, this [417]*417court granted the motion and dismissed all claims against PMH.

Plaintiff-Hueitt filed an appeal to the Honorable Superior Court at 1922 EDA 2011. On August 2, 2011, this trial court filed an opinion as per Rule 1925(a) of the Pennsylvania Rules of Appellate Procedure. See court exhibit “A”, attached hereto. On January 13, 2013, the appeal was quashed as interlocutory. See court exhibit “B”, attached hereto.

Counsel and this court acknowledge the procedural questions raised by the Honorable appellate court in its memorandum, filed on Januaiy 28, 2013. By hearing transcript of July 30, 2013, which has been filed on the docket, and by additional records submitted, this court believes that the sole issue remaining is to determine whether PMH can be found liable to Ms. Hueitt. This trial court concluded that an immediate appeal would facilitate resolution of the entire case. On August 14, 2013, a final order was signed and filed by the court. See court exhibit “C”, attached hereto.

For all of the reasons set forth in the trial court’s opinion, dated August 2, 2011, and as set forth below, this court concludes that neither the news hawker nor PMH owed a duty of care to Ms. Hueitt, and, did not breach any duty toward Ms. Hueitt, and, as presented in the materials submitted by PMH, the actions of a street hawker were so remote in the causal chain that PMH can not be held legally responsible as a matter of law.

B. LEGAL DISCUSSION

Generally, where the defendant and plaintiff are [418]*418strangers, a court applies a general duty of care required of all persons to not place another at an unreasonable risk of harm by way of their actions.

Duty, in any given situation, is predicated upon the relationship existing between the parties at the relevant time. Morena v. South Hills Health System, 462 A.2d 680 (Pa. 1983); Alumni Association v. Sullivan, 535 A.2d 1095 (Pa. Superior Ct. 1987).

The facts herein reveal that the newspaper hawker was standing in the intersection of the street. It was Ms. Hueitt who drove toward him and then stopped her vehicle. Where the parties are strangers to each other the scope of general duty of care is limited to those risks which are reasonably foreseeable. See, Kleinknecht v. Gettysburg College, 989 F.2d 1360 (3rd Cir. 1993) where the court of appeals provided an overview of well-established Pennsylvania negligence law and duty of care. In this case, Ms. Hueitt did not present anything in these facts to put a newspaper hawker on notice that Mr. Vargas would drive in a negligent manner. See also, 75 Pa. C.S.A. §3361 (assured clear distance rule); Dahlstrom v. Shrum, 84 A.2d 289 (Pa. 1951).

In Brezenski v. World Truck Transfer, Inc., 755 A.2d 36 (Pa. Superior Ct. 2000), the appellate court held that under the common law, absent a special relationship, there is no duty (news hawker) to control the conduct of a third person (Mr. Vargas) to protect another (Ms. Hueitt) from harm. See also, §315 Restatement (Second) of Torts.

C. CONCLUSION

For all of the reasons set forth above, this opinion is filed [419]*419per Rule 1925(a) of the Pennsylvania Rules of Appellate Procedure to provide an explanation why the motion for summary judgment filed by Philadelphia Media Holdings, LLC d/b/a The Philadelphia Daily News was granted and all claims against PMH were dismissed.

Looking at the record in a light most favorable to plaintiff: On October 6, 2006, Ms. Harriet Hueitt was driving near the busy intersection of Bartram Avenue and Island Avenue in Philadelphia. When she observed a newspaper vendor in the roadway selling papers, plaintiff-Hueitt stopped her car and was in the process of purchasing a newspaper. Suddenly and without warning, her automobile was hit from behind by a vehicle driven by Jeffrey Vargas. The plaintiff suffered serious and permanent injuries as a result of the impact.

Plaintiff-Hueitt commenced this litigation in 2008, naming Mr. Vargas and Philadelphia Media Holdings, LLC d/b/a The Philadelphia Daily News, (“”PMH”), as defendants. Ms. Hueitt sued the PMH for negligence. Specifically, she claimed that in count II of her complaint:

“25. The act of attempting to make a sale of a product in a designated roadway such as Island and Bartram Avenues, is negligent, unsafe and dangerous, in that their actions impede the safe flow of traffic and results in traffic stopping on the roadways.
26. Defendant’s act of soliciting and selling a newspaper to the plaintiff on the roadway of Island Avenue was negligent and unsafe act.”

[420]*420On April 29, 2011, PMH filed a motion for summary judgment. On June 13, 2011, this court entered an order granting summary judgment. See, court exhibit “A”, attached hereto. Plaintiff-Hueitt promptly filed an appeal to the Honorable Superior Court.

In accordance with Rule 1925(a) of the Pennsylvania Rules of Appellate Procedure, this court submits this brief opinion of the reasons for the order.

Rule 1035.2 of the Pennsylvania Rules of Civil Procedure provides that when the record contains insufficient evidence or facts to make out a prima facie cause of action, then judgment may be entered in favor of the defendant as a matter of law. e.g. Ertel v. The Patriot-News Company, 674 A.2d 1038, 1042 (Pa. 1996) and cases cited therein; Penn Center House, Inc. v. Hoffman, 553 A.2d 990 (Pa. 1989).

Initially, it must be noted that the reasons presented by PMH in support of its motion for summary judgment are compelling and persuasive and are adopted as if set for herein.

In addition to the reasons submitted by the defendant, this court concludes that the newspaper vendor owed no duty of care to Ms. Hueitt that was relevant to the facts of this case.

In Atcovitz v. Gulph Mills Tennis Club, Inc., 812 A.2d 1218 (Pa.

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33 Pa. D. & C.5th 415, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hueitt-v-philadelphia-media-holdings-llc-pactcomplphilad-2013.