Johnson v. Vetter

11 Pa. D. & C.4th 24, 1991 Pa. Dist. & Cnty. Dec. LEXIS 179
CourtPennsylvania Court of Common Pleas, Lancaster County
DecidedFebruary 13, 1991
Docketno. 3939 of 1990
StatusPublished
Cited by1 cases

This text of 11 Pa. D. & C.4th 24 (Johnson v. Vetter) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lancaster County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Vetter, 11 Pa. D. & C.4th 24, 1991 Pa. Dist. & Cnty. Dec. LEXIS 179 (Pa. Super. Ct. 1991).

Opinion

STENGEL, J,

This case raises the question of whether the ordinary handshake can become a basis for civil liability on a negligence theory.

Plaintiff was part of a musical group which was retained to entertain the Lititz Women’s Club at the General Sutter Inn in Lititz on or about September 19, 1988. John Vetter, an employee of the General Sutter Inn, was introduced to members of the musical group and, apparently, extended his hand in an enthusiastic greeting to plaintiff, Helen Johnson. According to the complaint, he shook her hand so hard as to cause serious and permanent injuries to her shoulder and the cervical area of her spine. She [25]*25contends that she suffered a torn rotator cuff on her shoulder in addition to soft tissue injuries.

Plaintiff seeks damages based upon a theory that Mr. Vetter was negligent in his manner of greeting her and on an intentional tort theory that the handshake constituted a battery.

Defendants filed preliminary objections challenging a cause of action for a “negligent handshake.” Plaintiff’s complaint proceeds on a theory of negligence against Mr. Vetter and his employer, General Sutter Inn, and also against Mr. Vetter on an intentional tort theory. Defendants have also objected to the verification attached to the complaint contending that it is defective because it is signed by counsel, not by plaintiff.

In ruling on a demurrer, the court must accept as true all well-pled factual averments in the pleading in question. Allegheny County v. Commonwealth, 507 Pa. 360, 490 A.2d 402 (1985); O’Hara Sanitation Company v. Commonwealth, Dept. of Environmental Resources, 125 Pa. Commw. 441, 557 A.2d 453 (1989). Since sustaining a demurrer results in the denial of the pleader’s claim or dismissal of his suit, a preliminary objection in the nature of a demurrer should be sustained only in cases that clearly and without a doubt fail to state a claim for which relief may be. granted. Allegheny County v. Commonwealth, supra; Vintage Homes Inc. v. Levin, 382 Pa. Super. 146, 554 A.2d 989 (1989). If the facts as pled state a claim for which relief may be granted under any theory of law, then preliminary objections in the nature of a demurrer will be denied. Allegheny County v. Commonwealth, supra; Dickens v. Upper Chichester Township, 123 Pa. Commw. 226, 553 A.2d 510 (1989).

[26]*26I. The Negligent Handshake Theory

The handshake has been a significant vehicle of social contact for many years. It is, essentially, a consensual act between two informed persons with the intent of expressing a greeting, congratulations or a farewell. The question before this court is whether it is possible to be negligent in the act of handshaking and whether a cause of action for a negligent handshake has been or should be recognized under Pennsylvania law.

The social significance of the handshake is pointed out in The Amy Vanderbilt Complete Book of Etiquette, revised and expanded by Letitia Baldridge (1978), in the section entitled, “The Importance of the Handshake”:

“Every bit as significant as the smile and warm tone of voice people should use to greet each other is the warm handshake that should accompany them. Your grip should be a firm one, a handshake of substance — but not a bonecrusher or too long-lasting, either. Two or three seconds is long enough to hold someone’s hand in greeting. Don’t let your handshake be a dismal, lifeless one, for people tend to think that character matches a handshake.” L. Baldridge, The Amy Vanderbilt Complete Book of Etiquette, at 724.

No less an authority than Miss Manners has addressed the specific question of how a man and a woman should shake hands in her treatise, Miss Manners’ Guide to Excruciatingly Correct Behavior (1982). When questioned about a man offering a firm handshake to a woman, Miss Manners notes:

“Many ladies wear rings on their right hands and many of these rings have stones in them. In the area between seeming wishy-washy and ' slicing off a lady’s finger at the knuckle with her own diamond, [27]*27Miss Manners would rather a gentleman erred toward the wishy-washy. However, it should not be difficult for a gentleman of ordinary digital and manual sensitivity to adjust his handshake in response to the strength of a lady’s.” J. Martin, Miss Manners’ Guide to Excruciatingly Correct Behavior, at 80.

Aside from the issues of legality, common civility would seem to permit a firm handshake between a man and a woman. While both Amy Vanderbilt and Miss Manners appear to suggest that the possible mismatch in strength and size dictate the firmness or enthusiasm of a cross-gender handshake, neither appears to suggest that the risk of an overly, firm handshake is sufficiently strong as to require invoking the legal system or the threat of civil liability as a deterrent to the aggressive greeter.

There are no Pennsylvania cases imposing liability or even allowing for the possibility of liability for a negligent handshake. In this case, it would be necessary for plaintiff to show that Mr. Vetter and/or his employer owed a duty of ordinary care to protect plaintiff. In general terms, the law might recognize such a duty but the specific question today is whether this duty extends to the act of handshaking between Mr. Vetter and plaintiff. In order for there to be a case of negligence, plaintiff would need to show a duty, a breach of the duty, a causal relationship between the breach of the duty and the injury, and an actual loss. See Casey v. Geiger, 346 Pa. Super. 279, 499 A.2d 606 (1985), appeal denied, 516 Pa. 638, 533 A.2d 710 (1987); Cummins v. Firestone Tire & Rubber Company, 344 Pa. Super. 9, 495 A.2d 963 (1985), appeal denied.

In certain cases, our law recognizes a cause of action against a person or an animal with a known [28]*28propensity for certain harmful conduct. For example, under the doctrine commonly known as the “one bite rule,” Pennsylvania law would impose liability on the owner of a dog which bit a person when the owner of that dog had notice of the dog’s known propensity for biting. See, Andrews v. Smith, 324 Pa. 455, 188 A. 146 (1936); Freeman v. Terzya, 229 Pa. Super. 254, 323 A.2d 186 (1974). This known propensity is thought to have been established on the occasion of the dog’s first bite of a human being.

Perhaps the “one bite” rule might transfer to a “one shake” rule in the context of greetings where no biting occurs but where equally unwelcome interpersonal exchanges take place. Indeed, this interesting case would be almost fascinating if defendant had a known propensity for tearing out shoulders when shaking hands.

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Bluebook (online)
11 Pa. D. & C.4th 24, 1991 Pa. Dist. & Cnty. Dec. LEXIS 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-vetter-pactcompllancas-1991.