Miseo v. Ross Township Police Department

607 A.2d 806, 147 Pa. Commw. 263, 1992 Pa. Commw. LEXIS 304
CourtCommonwealth Court of Pennsylvania
DecidedApril 13, 1992
Docket2255 C.D. 1990
StatusPublished
Cited by11 cases

This text of 607 A.2d 806 (Miseo v. Ross Township Police Department) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miseo v. Ross Township Police Department, 607 A.2d 806, 147 Pa. Commw. 263, 1992 Pa. Commw. LEXIS 304 (Pa. Ct. App. 1992).

Opinions

PALLADINO, Judge.

Joan and Giovanni Misc. and Lorraine and Anthony Cifelli, Sr., individually and as parents and natural guardians of [266]*266minors Anthony Cifelli, Jr. and Christina Cifelli (collectively, Claimants) appeal that portion of the September 25, 1990 order of the Court of Common Pleas of Luzerne County (trial court) which granted summary judgment in favor of Ross Township Police Department (Township) and dismissed Township as a defendant. We affirm.

On December 20, 1985, Claimants filed a complaint against Township seeking compensation for injuries which Claimants received in a February 3, 1984 motor vehicle accident on a section of state-designated highway Route 118 which was within the physical boundaries of Ross Township.1

The complaint alleged that Claimants’ injuries were caused by Township’s negligence in:

(a) Failing to post or place flares, warning signs or lights, or other traffic control devices sufficient to warn oncoming traffic of the icy roadway and of the existence of the vehicles blocking the roadway;
(b) Failing to block the roadway or otherwise prevent traffic from using the roadway made dangerous by its icy condition;
(c) Allowing vehicles assisting at the site of the earlier accident to park on the roadway and block off the lanes of travel without allowing a lane of travel for oncoming vehicles.

Claimants’ Complaint, paras. 46 and 47, at R. 9a-10a.

Pursuant to Pa.R.C.P. No. 1035, Township, after depositions and interrogatories, filed a motion for summary judgment based on Township’s immunity from suit. Claimants relied on the exception to governmental immunity at 42 Pa.C.S. § 8542(b)(4), i.e., dangerous condition of traffic signs, lights or other traffic controls under the care, custo[267]*267dy or control of Township. On September 25,1990, the trial court issued an opinion and order which granted summary judgment to Township, and from which Claimants appeal.

Our scope of review is limited to determining whether the trial court committed an error of law or abused its discretion in entering summary judgment. Peters Township School Authority v. United States Fidelity and Guaranty Co., 78 Pa.Commonwealth Ct. 365, 467 A.2d 904 (1983). Claimants’ appeal raises two issues: (1) whether the trial court erred in granting summary judgment to Township because Claimants failed to allege facts sufficient to support a cause of action in negligence against Township, see 42 Pa.C.S. § 8542(a), and therefore Township’s actions could not fall within the exception to governmental immunity at subsection 8542(b)(4), and (2) whether the trial court abused its discretion by denying the request of Claimants for leave to amend their complaint so that Claimants could amplify their factual allegations against Township and thereby attempt to avoid summary judgment in favor of Township.

I. Summary Judgment Standards
As explained in Peters Township School Authority,
[a] summary judgment may be properly entered only where the moving party has established that there remains no genuine issue of material fact and that it is entitled to judgment as a matter of law____ In determining whether to enter a summary judgment, a court must view the record in the light most favorable to the non-moving party____ The moving party’s burden to prove that its right to a summary judgment is clear and free from doubt is a heavy one.

Id., 78 Pa.Commonwealth Ct. at 369, 467 A.2d at 906; accord Pa.R.C.P. No. 1035(b).

On appeal, Claimants have not asserted any disputes as to the facts material to a resolution of this case. 2 Claimants [268]*268contend that the trial court’s entry of summary judgment in favor of Township was improper because, pursuant to the principles of governmental immunity enunciated in what is commonly called the Political Subdivision Torts Claim Act (Act), 42 Pa.C.S. §§ 8541-8564, Township was not entitled to judgment as a matter of law.

To preclude the entry of summary judgment in favor of Township, Claimants had to allege facts sufficient to show Township’s liability to Claimants for the injuries resulting from the February 3, 1984 motor vehicle accident in Ross Township. 42 Pa.C.S. §§ 8541-8542. Specifically, through the parties’ pleadings, depositions, answers to interrogatories, admissions on file and supporting affidavits, see Pa. R.C.P. No. 1035(a), Claimants had to show (1) that they had a cause of action in negligence against Township, 42 Pa.C.S. § 8542(a), and (2) that Township’s negligent acts fell within the exception to governmental liability listed at 42 Pa.C.S. § 8542(b)(4).

II. Negligence

Claimants assert that, in conformity with 42 Pa.C.S. § 8542(a)(1), either a statutory or a common-law cause of action in negligence against Township was created (1) by Township’s failure to place any traffic-control devices on Route 118, (2) by Township’s alleged inadequate placement of traffic-control devices on Route 118, or (3) by Township’s alleged failure to use police officers to regulate traffic on Route 118 by means other than traffic-control devices. The elements of a cause of action in negligence are a statutory or common-law duty requiring the actor to conform to a certain standard of conduct, the actor’s breach of the duty by failing to conform to the mandated standard of conduct, and an injury (actual loss or damage) to another’s interests proximately caused by the actor’s breach of duty. Morena v. South Hills Health System, 501 Pa. 634, 462 A.2d 680 (1983); Farber v. Engle, 106 Pa.Commonwealth Ct. 173, 525 A.2d 864 (1987).

[269]*269A. Statutory Duty

Under sections 6109 and 6122 of the Vehicle Code, 75 Pa.C.S. §§ 6109 and 6122, a township is authorized to regulate traffic on state-designated highways within its physical boundaries by means of official traffic-control devices or police officers. However, sections 6109 and 6122 do not impose an affirmative statutory duty on a township to regulate traffic on a state-designated highway. Mindala v. American Motors Corp., 518 Pa. 350, 543 A.2d 520 (1988) (no absolute duty to act is created by section 6109); Bruce v. Department of Transportation, 138 Pa.Commonwealth Ct. 187, 588 A.2d 974 (1991) (section 6122 is discretionary); Bendas v. Township of White Deer, 131 Pa.Commonwealth Ct. 138, 569 A.2d 1000 (1990) (section 6122 is not obligatory); Buffalini v. Shrader, 112 Pa.Commonwealth Ct. 228, 535 A.2d 684 (1987) (section 6109 is permissive).

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Miseo v. Ross Township Police Department
607 A.2d 806 (Commonwealth Court of Pennsylvania, 1992)

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Bluebook (online)
607 A.2d 806, 147 Pa. Commw. 263, 1992 Pa. Commw. LEXIS 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miseo-v-ross-township-police-department-pacommwct-1992.