McCalla v. Mura

649 A.2d 646, 538 Pa. 527, 1994 Pa. LEXIS 571
CourtSupreme Court of Pennsylvania
DecidedNovember 3, 1994
StatusPublished
Cited by20 cases

This text of 649 A.2d 646 (McCalla v. Mura) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCalla v. Mura, 649 A.2d 646, 538 Pa. 527, 1994 Pa. LEXIS 571 (Pa. 1994).

Opinions

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

PAPADAKOS, Justice.

This is the appeal of the Commonwealth of Pennsylvania, Department of Transportation (Appellant) from the unreported memorandum opinion and order of the Commonwealth Court affirming the order of the Court of Common Pleas of Allegheny County sustaining the preliminary objections of the County of Allegheny (County) and rejecting Appellant’s attempt to join the County as an additional defendant in actions brought by Ann McCalla, Cheryl Curley, Mary Louise Miller and William Miller, her husband, and Marshall E. Kelley, Jr., against Ms. Mura, Mr. Kelley, Appellant, and the Borough of Jefferson.

The facts that gave rise to these actions are that on August 28, 1978, at approximately 4:20 p.m., Leona Mura was driving her car with passengers, Ann McCalla (in the front right passenger seat) and Cheryl Curley (in the back seat behind Mura), when she stopped at a stop sign at the intersection of Scotia Hollow Road, (a road located in Jefferson Borough and [530]*530maintained by the County) and Route 51, a road maintained by the Department of Transportation, Appellant. As Mura turned left from Scotia Hollow Road onto Route 51 with intentions of crossing the two southbound lanes and proceeding onto the northbound lanes, her vehicle was struck by a car driven by Marshall E. Kelley, Jr., who was travelling in the passing lane going south on Route 51. The impact of the collision with Mura’s vehicle sent Kelley’s car across the center line of Route 51 into the northbound lanes where he collided with a northbound vehicle driven by Mary Miller.

As a result of these three collisions, passengers McCalla and Curley suffered various head injuries, fractures, neck, spine, leg and pelvic contusions and abrasions and consequent shock, trauma and pain. Mrs. Miller also suffered head and facial lacerations, a concussion, fractured ribs, various internal injuries and shock, pain and suffering. Kelley suffered neck, back, spine and knee injuries along with various body lacerations, abrasions and contusions. McCalla, Curley, Miller and Kelley filed suits against Mura, which were consolidated into three cases. Mura denied liability and joined Appellant in each action alleging that its design and maintenance of Route 51 was the cause of these accidents. Appellant attempted to join the County as an additional defendant and argued that its defective design of traffic control devices for the intersection of Scotia Hollow Road with Route 51 was the proximate cause of the accidents. The County filed preliminary objections to its being joined contending that it did not have a common law or statutory duty to erect any particular type of traffic control device at that location and, therefore, could not be liable to any of the plaintiffs or defendants in these actions. The Honorable Bernard J. McGowan, of the Court of Common Pleas of Allegheny County, agreed and sustained the preliminary objections. The Commonwealth Court affirmed, 141 Pa.Cmwlth. 710, 595 A.2d 796, and we granted farther review to examine these lower court holdings in light of our recent decision in Bendas v. White Deer, 531 Pa. 180, 611 A.2d 1184 (1992), and, now, we reverse.

[531]*531Appellant argues that, because of the County’s defective design and maintenance of Scotia Hollow Road for vehicular traffic in relation to Route 51, it is exposed to liability. Appellant additionally asserts that governmental immunity is not applicable in this case because of the provisions of the Political Subdivision Tort Claims Act,1 42 Pa.C.S. Section 8542(b)(6)(i), which provides for a waiver of immunity regarding streets. That section reads as follows:

(b) Acts which may impose liability. — The following acts by a local agency or any of its employees may result in the imposition of liability of a local agency:
(6) Streets.—
(i) A dangerous condition of streets owned by the local agency, except that the claimant to recover must establish that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred and that the local agency had actual notice or could reasonably be charged with notice under circumstances of the dangerous condition at a sufficient time prior to the event to have taken measures to protect against the dangerous condition.

The trial court and the Commonwealth Court agreed that for the County to be held responsible in these actions, Appellant had to establish that the County owed a duty to the injured parties and that the duty gave rise to a cause of action which fell within one of the exceptions to governmental immunity contained in Section 8542(b).

Appellant has maintained, and continues to do so before us, that the County has a duty of care to those using its real estate (specifically Scotia Hollow Road), such as to require that the condition of the road allows for safe entry onto Route 51 and its failure to do so, caused the injuries to the plaintiffs in these cases. The Commonwealth Court rejected this argument and concluded that its holding in Bendas v. White Deer, 131 Pa.Commonwealth Ct. 138, 569 A.2d 1000 (1990), was controlling wherein it held that a township did not have such a [532]*532duty. In that case the specific defect was the alleged failure to erect traffic control devices. The Court explained that there was no mandatory duty to erect such devices, but that once a township decided to exercise its discretion to erect a device, the township could be found negligent for failing to maintain the device. Further review in that case was denied here (Bendas v. White Deer, 526 Pa. 639, 584 A.2d 321 (1990)), although we did accept further review in a companion case involving the duty of a Commonwealth agency under similar circumstances. Commonwealth v. Bendas, 131 Pa.Commonwealth Ct. 488, 570 A.2d 1360 (1990), appeal granted as Bendas v. White Deer, 527 Pa. 651, 593 A.2d 423 (1991).

We affirmed the Commonwealth Court and reaffirmed the principle that Commonwealth agencies owe a duty of care to those using its real estate, such as to require that the condition of the property is safe for the activities for which it is regularly used, intended to be used or reasonably foreseen to be used, citing our decision in Snyder v. Harmon, 522 Pa. 424, 562 A.2d 307 (1989). We also determined, however, that the failure to exercise that duty may create a “dangerous condition” to the Commonwealth’s real estate, highway or sidewalk, and expose the Commonwealth to liability under an exception to the Sovereign Immunity Act,2 42 Pa.C.S. Section 8522(b)(4) and most importantly decided that the question of what constitutes a “dangerous condition” is one of fact for a jury to decide. Bendas v. White Deer, 531 Pa. 180, 611 A.2d 1184 (1992).3

While our decision in Bendas

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McCalla v. Mura
649 A.2d 646 (Supreme Court of Pennsylvania, 1994)

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Bluebook (online)
649 A.2d 646, 538 Pa. 527, 1994 Pa. LEXIS 571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccalla-v-mura-pa-1994.