Hutchison by Hutchison v. Luddy

611 A.2d 1280, 417 Pa. Super. 93, 1992 Pa. Super. LEXIS 2033
CourtSuperior Court of Pennsylvania
DecidedJuly 2, 1992
Docket1859
StatusPublished
Cited by45 cases

This text of 611 A.2d 1280 (Hutchison by Hutchison v. Luddy) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hutchison by Hutchison v. Luddy, 611 A.2d 1280, 417 Pa. Super. 93, 1992 Pa. Super. LEXIS 2033 (Pa. Ct. App. 1992).

Opinions

KELLY, Judge:

In this opinion, we are called upon to determine whether a trial judge currently presiding in the same case could reconsider and reverse an order issued by a predecessor which imposed a seal upon the record. We are also called upon to determine whether the succeeding trial judge properly denied the appellants’, St. Therese’s Catholic Church’s, St. Therese’s Elementary School’s, Bishop James Hogan’s, and the Diocese of Altoona-Johnstown’s, motion for the imposi[98]*98tion of sanctions1 against the appellees, Michael S. Hutchison, Jr., Mary J. Hutchison, and Michael Hutchison, for violating the sealing order before its removal by the trial court. We affirm in part and reverse in part the portion of the trial court’s order removing the seal and quash the portion of the appellants’ appeal which pertains to the trial court’s order denying the appellants’ motion for the imposition of sanctions against the appellees.

The relevant facts and procedural history of this case are as follows. On June 23, 1987, the appellees, Michael S. Hutchison, Jr., an incompetent, Mary J. Hutchison and Michael Hutchison, guardians and his parents, praeciped for the issuance of a writ of summons against the appellants. The writ of summons was duly served upon the named defendants by the sheriff of Blair County. On November 25, 1987, the appellees commenced discovery by serving upon the named parties a request for the production of documents and interrogatories upon all the defendants. The appellants filed a praecipe for a rule to file a complaint on December 14, 1987.

On December 23, 1987, the appellants filed a motion for an order of the court to seal the record. The motion was granted by Senior Judge William W. Lipsitt, who was specially presiding. The order entered by Judge Lipsitt decreed that all pleadings filed to date and any pretrial discovery was to be sealed and access to the record prohibited to anyone without further order of the court. The order further stated that the appellees must notify the appellants one day before filing their complaint in order to permit the appellants to seek a further order sealing the record.

On December 31, 1987, the Honorable R. Bruce Brumbaugh issued a rule to show cause why the seal should not be continued. A hearing date was set for January 4, 1988. Oral argument on the motion to continue the seal was heard by Judge Brumbaugh at which all parties to the lawsuit [99]*99participated. As a result of the hearing, Judge Brumbaugh temporarily continued the stay and ordered the appellees to withhold filing their complaint for ten days while he took the motion for continuation of the seal under advisement. On January 13, 1988, Judge Brumbaugh issued an order extending the seal to all pretrial discovery and all pleadings or other documents, heretofore or hereafter, to be possessed by the parties and filed until either further order of the court or the actual commencement of trial, whichever should occur first.2

The appellees subsequently filed their ten count complaint. The first three counts of the complaint assert that Father Luddy sexually abused Michael Hutchison, Jr. on numerous occasions, causing the child to suffer extreme mental anguish necessitating extensive psychiatric medical care for which Father Luddy should be held liable. The next four counts of the complaint assert the appellants were jointly and severally liable to Michael Hutchison, Jr. for his damages caused by Father Luddy’s alleged sexual abuse by failing to properly supervise the activities of their [100]*100agent and/or employee, Father Luddy, and for placing Father Luddy in a position of responsibility over children when they allegedly knew of his purported sexual proclivity toward young male children. Finally, in counts eight through ten, the appellee-parents assert that Father Luddy and the appellants should be held liable for the medical expenses the appellee-parents have incurred and will continue to incur for their son’s treatment, the severe emotional distress the appellee-parents suffered as a result of Father Luddy’s alleged sexual abuse of their child, and finally, that Father Luddy and the appellants breached their fiduciary and contractual duty to the appellee-parents after accepting valuable consideration from the appellee-parents to provide their child the appropriate religious, moral, and educational training.

On January 25, 1988, the appellants filed preliminary objections to the appellees’ complaint. Father Luddy subsequently filed his own preliminary objections on February 11, 1988, which were followed by appellees’ preliminary objections to the appellants’ preliminary objections. All parties’ preliminary objections remain pending at this time.

On October 20, 1988, the Pittsburgh Press Company petitioned to intervene in order to open the proceedings. In the petition, the Pittsburgh Press Company requested an order from the court providing the press and the public with access to all pleadings and other matters of record and the opening of all proceedings to the public.3 The appellants [101]*101filed an answer opposing the Pittsburgh Press Company’s petition to intervene and open proceedings. Father Luddy filed a petition to intervene in his capacity as a criminal defendant awaiting trial and joined the appellants’ answer opposing the intervention of the Pittsburgh Press Company. The appellees filed an answer in which they joined the Pittsburgh Press Company’s petition to intervene and open the proceedings and opposed Father Luddy’s petition to intervene in his capacity as a criminal defendant4 because his rights were already protected by virtue of being a party to the suit and through his representation by counsel.

On December 13,1988, a hearing on the Pittsburgh Press Company’s petition to intervene and to open the proceedings was held before Judge Brumbaugh. At the hearing, Judge Brumbaugh, before leaving judicial office on January 1, 1990, granted the Pittsburgh Press Company intervenor status; however, Judge Brumbaugh never rendered a decision on the portion of the petition which requested the opening of the proceedings and the unsealing of the record.

While the petition to open the proceedings remained pending before Judge Brumbaugh, discovery in the case continued. On November 18, 1988, the appellants filed a motion [102]*102for the imposition of sanctions pursuant to Pa.R.C.P. 4019 contending the appellees’ counsel violated the Blair County seal by incorporating into the Samuel C. Hutchison’s Somerset County complaint against Father Luddy and the appellants’ excerpts from a 1975 letter written by Monsignor Thomas Madden to Bishop Hogan regarding instances of Father Luddy’s unpriestly behavior discovered in the Blair County lawsuit.

On May 7, 1990, the appellants filed for an order of the court preventing further disclosure and violation of sealing orders and for imposition of appropriate sanctions. In their motion, the appellants alleged that appellees’ counsel once again made use of matters discovered as a result of the deposition of Bishop Hogan in the Blair County lawsuit when counsel filed a supplemental affidavit in support of a motion for protection of discoverable documents from destruction in the unsealed Somerset County lawsuit.

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Cite This Page — Counsel Stack

Bluebook (online)
611 A.2d 1280, 417 Pa. Super. 93, 1992 Pa. Super. LEXIS 2033, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hutchison-by-hutchison-v-luddy-pasuperct-1992.