R.W. v. Manzek

888 A.2d 740, 585 Pa. 335, 2005 Pa. LEXIS 3088
CourtSupreme Court of Pennsylvania
DecidedDecember 28, 2005
Docket32 WAP 2004
StatusPublished
Cited by156 cases

This text of 888 A.2d 740 (R.W. v. Manzek) 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
R.W. v. Manzek, 888 A.2d 740, 585 Pa. 335, 2005 Pa. LEXIS 3088 (Pa. 2005).

Opinions

OPINION

Justice BAER.

In September, 1999, L.W., the ten-year-old daughter of R.W. and C.W. (Parents) was brutally raped and beaten by Timothy S. Fleming while attempting to sell him candy as part of a school fundraiser. Parents first brought an action (the federal case) in federal district court (the district court) against the Punxsutawney Area School District and its superintendent (the School District defendants) seeking liability under 42 U.S.C. § 1983 on a “state-created danger” theory, as discussed fully herein. The district court granted the School District defendants’ Motion to Dismiss holding that, inter alia, as a matter of law, the harm befalling L.W. was not foreseeable by the School District defendants or fairly directly related to their conduct. Parents then brought a negligence action against Scott Manzek (Manzek), 84 Services, Cookbook Publishers, Inc. (Cookbook), and Giftco, Inc. (Giftco) (collectively, the Fundraising Entities) in state court. The state trial court granted the Fundraising Entities’ preliminary objections relying on the district court’s analysis dismissing the federal case against the School District defendants. The Superior Court affirmed. For the reasons fully explained herein, we now reverse and remand to the trial court for further proceedings consistent herewith.

As this Court sits in review of the trial court’s grant of the Fundraising Entities’ preliminary objections in the nature of a demurrer, we derive the salient facts solely from the allegations in Parents’ complaint. We accept as true all material facts as set forth in the complaint, as well as all inferences reasonably deducible therefrom. See Bilt-Rite Contractors, Inc. v. The Architectural Studio, 581 Pa. 454, 866 A.2d 270, 272 (2005); Estate of Witthoeft v. Kiskaddon, 557 Pa. 340, 733 A.2d 623, 624 n. 1 (1999).

[340]*340Pursuant to a complaint filed in the Court of Common Pleas of Indiana County, Parents allege that on September 10, 1999, all students in grades kindergarten through fifth of the Banks-Canoe Elementary School of the Punxsutawney Area School District (the School District) were instructed by Ms. Neal, the head teacher, to go to the school’s all-purpose room for a fundraising meeting.1 L.W., a ten-year-old girl in fifth grade, was one of the students instructed to attend the meeting. This meeting was conducted by Frank Manzek, an employee of 84 Services.2 He presented the fundraising activity to L.W. and the other students as a competition among classes and individuals, emphasizing the criteria to win individual and class prizes. Frank Manzek displayed and described the prizes available to the students through their participation in the fundraising activities, including a green inflatable chair, and gave the students free gel pens to generate enthusiasm for the fundraising competition. During the meeting, Frank Manzek distributed fundraising materials prepared by Cookbook and Giftco to the students.3 None of the materials contained any warnings, guidelines, or disclaimers regarding the dangers inherent in the fundraising activities being promoted by the Fundraising Entities, and Frank Manzek did not warn the students of any such dangers.

L.W. was determined to win a green, inflatable chair, which required at least fifty sales. Parents instructed her not to enter any stranger’s house in the course of fundraising. On September 18, 1999, L.W. needed only four more sales to [341]*341reach her goal. Parents permitted her to walk to a friend’s home approximately one mile away to sell something to her friend’s mother.

On the way to her friend’s home, L.W. noticed a man, Fleming, mowing the yard of a nearby house and spontaneously decided to stop at this house and attempt to make a sale. L.W. approached Fleming and, consistent with the instructions given by Frank Manzek, introduced herself and asked him whether he would like to buy some candy for a school fund-raiser. In response, Fleming indicated that his mother would be home shortly and asked to look through the brochures. He invited L.W. into his house, where she sat on a chair while he looked at the brochures. When L.W. asked if she could use the bathroom, Fleming showed her where it was. Shortly thereafter, while L.W. was in the bathroom, Fleming entered and proceeded violently to assault L.W. physically and sexually.4

Parents filed the federal case in district court asserting claims against the School District defendants under 42 U.S.C. § 1983,5 seeking damages and injunctive relief. Parents alleged that the School District defendants violated L.W.’s Fourteenth Amendment right to substantive due process and [342]*342her liberty interest in personal security by inducing her to participate in the school fundraiser, resulting in her suffering the vicious attack. Specifically, Parents asserted that the School District defendants were liable under the “state-created danger” theory, which establishes an exception to the general rule that the state has no affirmative obligation to protect its citizens from the violent acts of private individuals.6 Four elements are required under this theory: (1) the harm ultimately caused was foreseeable and fairly direct; (2) the state actor manifested willful disregard for the safety of the plaintiff; (3) there existed some relationship between the state and the plaintiff; and (4) the state actor used his authority to create an opportunity that otherwise would not have existed for the third party’s crime to occur. Mark v. Borough of Hatboro, 51 F.3d 1137, 1153 (3d Cir.), cert. denied, 516 U.S. 858, 116 S.Ct. 165, 133 L.Ed.2d 107 (1995); Kneipp v. Tedder, 95 F.3d 1199, 1208 (3d Cir.1996). Parents also asserted two pendent claims in the federal case. The first was a state-law negligence claim seeking traditional tort damages against the Fundraising Entities. The second was an assault claim against Fleming.7

As earlier stated, the first element of the state-created danger action required that the harm befalling L.W. as the victim was “foreseeable and fairly direct.” To support their assertion that the injuries suffered by L.W. were foreseeable by the School District defendants and the fairly direct result [343]*343of their conduct, Parents cited the policy of numerous parent-teacher associations and other such organizations that children should not take part in fundraisers.8 Additionally, Parents focused upon prior incidents where children were victims of accidents or crimes while participating in fundraisers.9 Accordingly, Parents asserted that the School District defendants had a duty to warn L.W. of the dangers inherent in the school fundraising activities at issue, and that their breach of this duty foreseeably and fairly directly caused the injuries sustained by L.W.

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Bluebook (online)
888 A.2d 740, 585 Pa. 335, 2005 Pa. LEXIS 3088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rw-v-manzek-pa-2005.