MEYER BY MEYER v. Heilman

469 A.2d 1037, 503 Pa. 472, 1983 Pa. LEXIS 779
CourtSupreme Court of Pennsylvania
DecidedDecember 30, 1983
Docket34 E.D. Appeal Dkt. 1983
StatusPublished
Cited by11 cases

This text of 469 A.2d 1037 (MEYER BY MEYER v. Heilman) 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
MEYER BY MEYER v. Heilman, 469 A.2d 1037, 503 Pa. 472, 1983 Pa. LEXIS 779 (Pa. 1983).

Opinions

OPINION

NIX, Justice.

In this appeal we have agreed to review a decision of the Superior Court granting the plaintiffs in an unsuccessful trespass action, who had asserted both a products liability claim against the manufacturer of a tractor and a claim of negligence against the tractor’s owners, a new trial against the owners, notwithstanding a jury verdict in the owners’ favor, on the ground that a non-suit as to the manufacturer had been improperly granted at the conclusion of the plaintiffs’ case. For the reasons which follow we reverse the order of the Superior Court and remand for further proceedings.

On August 8, 1974, appellee Douglas J. Meyer, then ten years of age, was seriously injured while riding a tractor owned by appellants, the Heilmans, and manufactured in 1952 by International Harvester Company, as the tractor was being driven by a Heilman employee to pull a manure spreader on the Heilmans’ farm in Lebanon County. Douglas’ injuries, which necessitated the amputation of his left leg from the knee down, resulted when he lost his balance and came in contact with the tractor’s revolving shaft, which powered the spreader; the safety shield provided by the manufacturer to cover the shaft had been removed. Douglas and his parents, appellees Larry M. and Boneta F. Meyer, subsequently brought an action in trespass naming the Heilmans and International Harvester as defendants. The case proceeded to trial before a jury, and at the conclusion of the Meyers’ case, the trial court granted International Harvester’s motion for a compulsory non-suit. After the Heilmans presented their defense, the jury returned a verdict in their favor. The Meyers’ motions for removal of the non-suit, for a judgment n.o.v. and for a new trial were denied, and they appealed to the Superior Court. That court reversed the order of the trial court granting the [476]*476non-suit and awarded a new trial as to both defendants on all issues. Meyer v. Heilman, 307 Pa.Super. 184, 452 A.2d 1376 (1982). We granted the Heilmans’ petition for allowance of appeal.1

The propriety of the Superior Court’s removal of the compulsory non-suit entered in favor of International Harvester is not before this Court. We are concerned only with the Superior Court’s award of a new trial as to the Heilmans, which had the effect of overturning the jury verdict in their favor. In support of that action, the Superior Court reasoned as follows:

Our removal of the compulsory non-suit here as to International [Harvester] without granting a new trial as to the negligence of the defendants Heilman would unfairly deprive International of the opportunity to defend on the basis, for example, that defendants Heilman were wholly responsible for the injury to Douglas in that they had removed the master shield.
307 Pa.Super. at 191, 452 A.2d at 1379.

In reaching that conclusion, the Superior Court relied upon Frank v. W.S. Losier & Co., Inc., 361 Pa. 272, 64 A.2d 829 (1949), in which this Court stated:

[T]he proper practice, before entering a nonsuit or directing a verdict in favor of one of two or more defendants, is to allow the other defendants to present their testimony on the question of the liability of each and all of them: Shapiro v. Philadelphia, 306 Pa. 216, 159 A. 29; Parker v. Philadelphia Rapid Transit Co., 308 Pa. 209, 162 A. 664. It is true that Pa.R.C.P. 2232(d) provides that when a plaintiff joins two or more defendants and the evidence does not justify a recovery against all the court shall enter a nonsuit or direct a verdict in favor of any defendant not shown to be liable either jointly, severally or separately. But this was merely intended, in accordance with the Act of June 29, 1923, P.L. 981, to abrogate the strict common-law rule that where a joint liability of defendants was pleaded the plaintiff was obliged to recov[477]*477er against all or none; it certainly was not intended to deprive a defendant of the right to present testimony before a co-defendant should be relieved from liability by a nonsuit or a directed verdict in his favor.
Id., 361 Pa. at 275-276, 64 A.2d at 830-831 (emphasis supplied).

In the instant action it was the Heilmans who were placed in the disadvantageous position of defending alone as a result of the trial court’s non-suit of the case against International Harvester. The Heilmans nonetheless prevailed. While the rationale of Frank v. W.S. Losier & Co., Inc., supra, might have provided a basis for awarding the Heilmans a new trial had the jury’s verdict been against them, it clearly cannot be employed to justify subjecting them to a second trial after a verdict in their favor.

Appellees’ claim against the Heilmans was adjudicated on the merits. International Harvester’s lack of input as to that claim was of its own making, since it took the affirmative step of moving for a compulsory non-suit at the first trial. Now that International Harvester will be compelled to defend itself in a new trial, it has no right to proceed with its original co-defendants, who were exonerated at the first trial, as if the non-suit and subsequent adjudication as to those co-defendants had never occurred.

This perceived hardship to International Harvester is the only ground expressly articulated by the Superior Court for permitting appellees to relitigate the issue of the Heilmans’ negligence. However, although it focuses on potential prejudice to International Harvester on retrial, it may be inferred from its opinion that the Superior Court believed that appellees may also have been prejudiced in that testimony International Harvester might have presented to the jury but for the non-suit could have altered the verdict in the first trial. In fact, the gist of appellees argument before this Court is that they were improperly denied the benefit of International Harvester’s evidence as to the Heilmans’ negligence. This contention is without merit.

[478]*478As we have already noted, the jury, after considering the evidence, found in favor of the Heilmans on the issue of negligence. In Stokan v. Turnbull, 480 Pa. 71, 389 A.2d 90 (1978), this Court stated:

Unless the question of liability is so evident that it can be ruled upon as a matter of law by the court, the evidence is for the jury’s consideration. If the jury finds one defendant negligent and exonerates another, the factual issue has been resolved. Absent reversible error .... the defendant who has been absolved from negligence should not be subjected to a new trial.
Id., 480 Pa. at 77, 389 A.2d at 93 (emphasis supplied).

These principles apply with equal force to the instant situation. The Heilmans were unquestionably “absolved from negligence” in the instant matter; the fact that International Harvester was granted a non-suit rather than adjudged negligent does not affect our analysis. Thus, “[t]he jury’s verdict must be accepted on appeal absent trial error which casts serious doubt on the jury verdict or palpable insufficiency of evidence.” Id., 480 Pa. at 79, 389 A.2d at 94.

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MEYER BY MEYER v. Heilman
469 A.2d 1037 (Supreme Court of Pennsylvania, 1983)

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469 A.2d 1037, 503 Pa. 472, 1983 Pa. LEXIS 779, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyer-by-meyer-v-heilman-pa-1983.