Sirianni v. Nugent Bros.

5 Pa. D. & C.3d 734, 1978 Pa. Dist. & Cnty. Dec. LEXIS 423
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedMay 5, 1978
Docketno. 6471
StatusPublished

This text of 5 Pa. D. & C.3d 734 (Sirianni v. Nugent Bros.) 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
Sirianni v. Nugent Bros., 5 Pa. D. & C.3d 734, 1978 Pa. Dist. & Cnty. Dec. LEXIS 423 (Pa. Super. Ct. 1978).

Opinion

PRATTIS, J.,

— Plaintiff, Richard Sirianni, filed an action against defendants, Nu-gent Brothers, Inc., City of Philadelphia and Paul Rimmeir pursuant to the Pennsylvania Wrongful Death and Survival Statutes alleging liability in the death of his wife and child.

On December 19, 1977, plaintiff filed a motion to compel production of documents pursuant to Pa.R.C.P. 4009. Defendant, City of Philadelphia, on December 30, 1977, filed its answer to the motion admitting in part and denying in part plaintiffs right to inspect and photocopy the documents.

The documents which defendant contends are not subject to disclosure and the bases of those contentions are as follows:

1. 8(i) through (m) inclusive and 8(v). Defendant contends that the documents are not public records within the Right To Know Act, 65P.S. §66.1(2), and the grant of such a request would require an intolerable and burdensome search prohibited by Rule 4011 of the Pennsylvania Rules of Civil Procedure.

2. 8(g). Defendant contends that disclosure is prohibited by the Right To Know Act as disclosure would operate to the prejudice or impairment of a person’s reputation.

3. 8(u). Defendant contends that such documents are irrelevant and immaterial to the case and thereby prohibited by Rule 4007(a) of the Pennsylvania Rules of Civil Procedure.

The following are the documents requested by plaintiff in 8(i) through (m) inclusive and 8(v):

(i) Originals or copies of any and all written documentation in whatsoever form it may exist, whether as inter-office memorandums, reports, inspection reports, letters, telephone message slips, handwritten notes or communications from de[736]*736fendant, City of Philadelphia, to third persons or entities or communications from third persons or entities to defendant, City of Philadelphia, which written documentation describes, establishes, confirms or refers to the existence of an emergency condition which justified the need to dispense with the requirements of the Philadelphia Home Rule Charter, statutes of the Commonwealth of Pennsylvania and regulations of the Department of Licenses and Inspection and Procurement Department of the City of Philadelphia calling for the advertisement for bids and awarding of a contract to the lowest responsible bidder for demolition of the properties located at 1019-1027 North Third Street, Philadelphia, Pa. and 1016-1020 North Bodine Street, Philadelphia, Pa.

(j) Originals or copies of all inter-office memorandums, reports, hand-written reports, telephone message slips or other writings of any nature whatsoever which relate to, discuss or describe on-site inspections of the properties located at 1019-1027 North Third Street, Philadelphia, Pa., made by representatives of defendant, City of Philadelphia, including but not limited to the Department of Licenses and Inspection, within the year preceding the date of the accident in question, August 11, 1977, including all such reports up to and including the date of said accident, to wit, August 11, 1977.

(k) Originals or copies of any and ah inspection reports, inter-offi.ee memorandums, letters, or other writings of any nature whatsoever made by representatives of defendant, City of Philadelphia, including but not limited to the Department of Licenses and Inspection, and required to be made by said representatives of defendant, City of [737]*737Philadelphia, as a normal and routine part of their duties and which refer to or describe or otherwise report upon the accident of August 11,1977’, which is the subject matter of this litigation.

(l) Originals and copies of all inter-office memorandums, reports, hand-written notes, telephone message slips or other writings of any nature whatsoever which relate to, discuss or describe on-site inspections of the property located at 1029 North Third Street, Philadelphia, Pa., made by representatives of defendant, City of Philadelphia, including but not limited to the Third Survey District Department, within the last two years preceding the date of the accident in question, August 11, 1977, including all such reports up to and including the date of said accident, to wit, August 11, 1977.

(m) Originals or copies of any reports, inter-office communications, hand-written notes, telephone message slips, correspondence from third persons or entities to defendant or from defendant to third persons or entities, or any other writings of any nature whatsoever, which relate to, confirm, establish or otherwise refer to the financial qualifications and expertise of defendant, Nugent Brothers, Inc., to perform demolition work for defendant, City of Philadelphia, which reports were prepared or in the possession of defendant, City of Philadelphia, prior to the date of the accident, August 11, 1977.

(v) Originals or copies of any and all reports, telephone message slips, hand-written notes, interoffice communications, correspondence from third persons or entities to defendant, City of Philadelphia, or from defendant, City of Philadelphia, to third persons or entities which relate to an investigation undertaken by the Office of the City Solicitor for defendant, City of Philadelphia, with respect to [738]*738the scope of insurance coverage or qualifications and financial stability of insurers issuing insurance certificates, insurance policies or bonds for demolition contractors with whom the defendant, City of Philadelphia, has contracted within the last two years.

Under the Right To Know Act of June 17, 1971, P.L. 160, 65 P.S. §66.1(2), the following definition of public record is given:

Public Record.’ Any account, voucher or contract dealing with the receipt or disbursement of funds by an agency or its acquisition, use or disposal of services or of supplies, materials, equipment or other property and any minute, order or decision by an agency fixing the personal or property rights, privileges, immunities, duties or obligations of any person or group of persons: Provided, That the term ‘public records’ shall not mean any report, communication or other paper, the publication of which would disclose the institution, progress or result of an investigation undertaken by an agency in the performance of its official duties, except those reports filed by agencies pertaining to safety and health in industrial plants; it shall not include any record, document, material, exhibit, pleading, report, memorandum or other paper, access to or the application of which is prohibited, restricted or forbidden by statute law or order or decree of court or which would operate to the prejudice or impairment of a person’s reputation or personal security, or which would result in the loss by the Commonwealth or any of its political subdivisions or commissions or State or municipal authorities of Federal funds, excepting therefrom however the record of any conviction for any criminal act.” (Emphasis supplied.)

[739]*739Specifically, defendant contends that documents 8(i) through (m) inclusive and 8(v) are not public records because their inspection would disclose the institution, progress or result of an investigation undertaken by an agency in the performance of its official duties, and cites Wiley v. Woods, 393 Pa. 341, 141 A. 2d 844 (1958), as controlling. Defendant’s reliance on Wiley v. Woods is misplaced.

In Wiley v.

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Related

Wiley v. Woods
141 A.2d 844 (Supreme Court of Pennsylvania, 1958)
Westmoreland County Board of Assessment Appeals v. Montgomery
321 A.2d 660 (Commonwealth Court of Pennsylvania, 1974)
Moak v. Philadelphia Newspapers, Inc.
336 A.2d 920 (Commonwealth Court of Pennsylvania, 1975)

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Bluebook (online)
5 Pa. D. & C.3d 734, 1978 Pa. Dist. & Cnty. Dec. LEXIS 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sirianni-v-nugent-bros-pactcomplphilad-1978.