Lincoln v. Fisher

22 Pa. D. & C.5th 371
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedFebruary 23, 2011
Docketno. 01378
StatusPublished

This text of 22 Pa. D. & C.5th 371 (Lincoln v. Fisher) 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
Lincoln v. Fisher, 22 Pa. D. & C.5th 371 (Pa. Super. Ct. 2011).

Opinion

SNITE JR., J,

PROCEDURAL HISTORY

On June 11, 2006, appellant Kelly Lincoln (appellant in this interlocutory appeal, hereinafter referred to as appellant) was injured in a motorcycle accident. She was a passenger on a motorcycle operated by defendant Kevin Fisher (non-appealing defendant hereinafter referred to as defendant Fisher).

On June 9, 2008, appellant, through her attorney, Thomas F. Sacchetta, Esq., commenced this negligence and products liability action against defendants Kevin Fisher, Heather Loomis, HJC, HJC America Inc., Crossroad Powersports, OSCO Inc. and the Pennsylvania Department of Transportation.

On September 9, 2010, Lisa B. Apelian, Esq., filed a motion in limine for an offer of proof as to any independent negligence of crossroad, et al. on behalf of appellees Oseo, Inc. and Crossroad Powersports, hereinafter referred to as appellees.1

[374]*374Between September 13, 2010 and September 14, 2010, nine additional motions in limine were filed by defendants.

On September 27, 2010, at a pre-trial conference, I found appellant failed to state a cause of action against appellees.

On October 1, 2010, I entered an order granting the motion in limine, control number 10090945.

On October 8,2010, the order dismissing appellees from the case was amended to allow the case to be immediately appealed under Pennsylvania Rule of Appellate Procedure 341(c).

On October 12, 2010, appellant, through counsel, filed a notice of appeal to the Superior Court of Pennsylvania.

On December 2, 2010, pursuant to Pennsylvania Rule of Appellate Procedure 1925(b)(1), appellant was ordered to file a concise statement of the matters complained of on appeal no later than December 27, 2010.

On December 8,2010, appellant, through counsel, filed a statement of matters complained of on appeal.

ISSUES ON APPEAL

Appellant presented the following issues in her statement of matters complained of on appeal:

1. The court acted within its discretion when it certified this case for immediate appeal in accordance with Pennsylvania Rule of Appellate Procedure 341(c).

2. The court erred when it determined, as a matter of law, that OSCO, Inc. and Crossroad Powersports were not negligent for selling a motorcycle to a person who [375]*375they knew was going to ride it on the street and was not qualified to do so.

3. The court erred when it determined, as a matter of law, that the actions of OSCO, Inc. and Crossroad Powersports were insufficiently outrageous to warrant an award of punitive damages.

4. The court erred when it reversed the order entered by Judge Massiah-Jackson on April 13, 2010 relating to the motion for summary judgment filed by defendant’s OSCO, Inc. and Crossroad Powersports since doing so contravened the “coordinate jurisdiction rule.”

FACTUAL HISTORY

On June 6, 2006, defendant Fisher purchased a motorcycle from appellee Crossroad Powersports. (Appellees’ motion in limine, Control number 10090945, Exhibit “B” at p. 107) The motorcycle was a Kawasaki 2X600R sport bike. (Appellees’ motion in limine, Control number 10090945, Exhibit “C” at p. 30) The motorcycle was sold to defendant Fisher by Mariel Osner, an employee of Crossroad Powersports. (Id. at p. 29-30)

That day, defendant Fisher signed various documents with Crossroad Powersports to complete the sale. (Id. at p. 40-68) This included a credit application for financing, registration and title documents and proof of insurance. (Id.) Osner also made a copy of defendant Fisher’s Pennsylvania Identification Photo card. (Id. at p. 47-48) Osner stated she knew defendant Fisher did not have a motorcycle license. (Appellant’s answer to appellees’ motion in limine, Control number 10090945, Exhibit “B” at p. 32-33) To complete the sale, Osner provided Fisher with a flyer containing safety and training information. [376]*376(Appellees’ motion in limine, Control number 10090945, Exhibit “C” at p. 65-67) After purchasing the motorcycle, defendant, according to his perspective, did not take it home because he was “nervous and excited and didn’t want anything to happen to it.” (Appellees’ motion in limine, Control number 10090945, Exhibit “B” at p. 107-108) A few days later, defendant Fisher returned to Crossroad Powersports with his friend, Aris DeGirmenci. (Id. at p. 107) Aris DeGirmenci has a valid motorcycle permit and drove defendant Fisher’s motorcycle to his house. (Appellees’ motion in limine, control number 10090945, Exhibit “D” at p. 25)

There is absolutely no evidence in this record that appellees would have permitted defendant Fisher to drive the motorcycle from the agency by himself. In fact, Mariel Osner testified at her deposition that they offer free deliveries or allow someone with a motorcycle license or permit to ride it off the lot. (Appellees’ motion in limine, control number 10090945, Exhibit “B” at p. 26-27.) Osner also stated it would be illegal for someone to ride it off the lot without a motorcycle license, but that they are able to purchase a motorcycle. (Id. at p. 27) In summary, although defendant Fisher might have, in his own mind, thought he might be able to drive it himself, all the evidence demonstrates he would not have been and in fact was not permitted to do so.

On June 11, 2006, appellant Lincoln was a passenger on defendant Fisher’s motorcycle. (Appellees’ motion in limine, control number 10090945, Exhibit “A” at p. 2) While driving, defendant Fisher was involved in a “single car accident on Interstate 95N approximately 100 feet from the Broad Street Exit.” (Id.) appellant Lincoln sustained personal injuries from that accident. (Id.)

[377]*377DISCUSSION

CERTIFICATION

My certification of this case for immediate appeal in accordance with Pennsylvania Rule of Appellate Procedure 341 (c) was correct. This action is permitted after an order dismissing various parties and/or claims is entered and “upon an express determination that an immediate appeal would facilitate resolution of the entire case.” Pa. R.A.P. 341(c). The effect of my decision on October 4, 2010 released appellees from the case. Knowing an appeal was to be filed, I knew that if a mistake were made this case would be tried twice. I saw no point in trying this case against Kevin Fisher and then against appellees.2

SUBSTANTIVE LEGAL ISSUES

I know of no case law that suggests a motorcycle dealer may be liable for accidents or an injury arising after the motorcycle is sold so long as someone with a valid motorcycle license has driven it off the lot, or the store delivers it to an unlicensed driver. In this case, it is not disputed that Aris DeGirmenci drove the motorcycle off the lot and possessed a valid motorcycle license. Once this occurred, any liability of appellees ceased.

My determination that the actions of appellees were insufficiently outrageous to warrant an award of punitive damages was because there was no cause of action against them. There can be no punitive damages without showing a cause of action. With regards to the merits of the case, it may have been appropriate if the evidence presented demonstrated appellees knew defendant Fisher did not [378]

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Bluebook (online)
22 Pa. D. & C.5th 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lincoln-v-fisher-pactcomplphilad-2011.