Smith v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

892 A.2d 36, 2005 Pa. Commw. LEXIS 797
CourtCommonwealth Court of Pennsylvania
DecidedDecember 14, 2005
StatusPublished
Cited by1 cases

This text of 892 A.2d 36 (Smith v. Commonwealth, Department of Transportation, Bureau of Driver Licensing) 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
Smith v. Commonwealth, Department of Transportation, Bureau of Driver Licensing, 892 A.2d 36, 2005 Pa. Commw. LEXIS 797 (Pa. Ct. App. 2005).

Opinion

OPINION BY

SENIOR Judge McCLOSKEY.

The Department of Transportation, Bureau of Driver Licensing (DOT) appeals from an order of the Court of Common Pleas of Bucks County (trial court), sustaining the appeal of Jason G. Smith (Licensee) and rescinding the indefinite suspension of Licensee’s operating privilege imposed by DOT in conformity with the requirements of Section 1772(a) of the Motor Vehicle Financial Responsibility Law (MVFRL), 75 Pa.C.S. § 1772(a) (relating to non-payment of judgments). We now reverse.

The underlying facts of this case are not in dispute. On January 25,1999, Licensee, then a minor seventeen years of age, illegally obtained and consumed an entire six-pack of beer and proceeded to drive a vehicle registered to his late grandmother through a glass and metal entryway and into a concrete wall surrounding the gymnasium inside the Central Bucks High School. Licensee survived the crash and later indicated under oath that he intended the crash as a means of suicide. See R.R. at 105a. At the time of the crash, Licensee was covered as an insured under his parents’ automobile insurance policy, which was issued by State Farm Mutual Automobile Insurance Company (State Farm).

The high school was insured at the time of the crash under a policy issued to the Central Bucks School District by Utica Mutual Insurance Company (Utica). Licensee’s crash resulted in damages to the high school totaling $61,370.38, for which Utica indemnified the School District. Utica, as a subrogee of the School District, thereafter filed a civil complaint against Licensee, his father and his grandparents seeking to recover the $61,370.38 on the basis of negligence and negligent entrustment.

At the same time, State Farm filed a complaint for declaratory relief seeking a declaration that it has no obligation to defend or indemnify Licensee or his father with respect to civil case initiated by Utica. More specifically, in this complaint, State Farm noted that Licensee had stated under oath that he crashed the automobile into the school as a means of committing suicide, which State Farm described as an intentional act on the part of Licensee and not an accident. State Farm indicated that the automobile insurance policy issued to Licensee’s parents only covered bodily injury and property damage resulting from an “accident.” State Farm then noted that an intentional tort is not an accident and it is not covered under Licensee’s parents’ policy.

State Farm was successful in its complaint and the trial court granted declaratory relief in its favor. Utica was also ultimately successful with respect to its civil complaint, obtaining a judgment against Licensee in the amount of $61,370.38, said judgment being entered on May 23, 2003. On November 23, 2004, Utica forwarded Form DL-201, entitled Certification of Motor Vehicle Judgment, to DOT, detailing the $61,370.38 judgment it had obtained against Licensee. By letter dated December 17, 2004, DOT notified Licensee that his operating privilege was being suspended under Section 1772 of the MVFRL until he satisfies the Utica judgment. Section 1771(a) of the MVFRL, 75 Pa.C.S. § 1771(a), provides that whenever any person fails to satisfy any judgment “arising from a motor vehicle accident” [38]*38within sixty days, the judgment creditor may forward a certified copy of the judgment to DOT. Section 1772(a), in turn, provides that upon receipt of this certified copy of judgment, DOT “shall suspend the operating privilege of each person against whom the judgment was rendered.... ”

Licensee filed an appeal with the trial court alleging that he never received notice of the judgment. A de novo hearing was scheduled and held before the trial court on April 13, 2005. Neither party presented any testimony at this hearing. Instead, the hearing consisted of oral argument and the presentation of certain exhibits. Specifically, DOT admitted into evidence, without objection, a certified packet of documents, including a copy of the notice sent to Licensee dated December 17, 2004, a copy of the Certification of Motor Vehicle Judgment submitted to DOT by Utica and a copy of Licensee’s certified driving history. Licensee admitted into evidence, without objection, a copy of the complaint for declaratory relief filed by State Farm, which included the following exhibits: a copy of the automobile insurance policy issued to Licensee’s parents; a copy of the original civil complaint filed by Utica; and a copy of the transcript of Licensee’s statement under oath.

At the conclusion of the de novo hearing, the trial court indicated that it was sustaining Licensee’s appeal on the basis of prior case law and Section 1772(c) of the MVFRL, 75 Pa.C.S. § 1772(c). This Section of the MVFRL relieves a person from the effect of the filing of a certified copy of a judgment if said person “files evidence satisfactory to [DOT] that financial responsibility was in force and effect at the time of the accident resulting in the judgment and is or should be available for the satisfaction of the judgment.” By order of the same date, the trial court did indeed sustain Licensee’s appeal and rescind the indefinite suspension imposed by DOT.

DOT thereafter filed a notice of appeal with the trial court as well as a statement of matters complained of on appeal. The trial court then issued an opinion in support of its order essentially indicating that the incident underlying Licensee’s suspension did not arise from a motor vehicle accident, but instead arose from an intentional act. As such, the trial court concluded that Licensee’s operating privilege was not subject to suspension under Sections 1771(a) and 1772(a) of the MVFRL. Alternatively, the trial court indicated that Licensee would be subject to the exception provided in Section 1772(c).

On appeal to this Court,1 DOT argues that the trial court erred as a matter of law in concluding that the incident underlying Licensee’s suspension did not arise from a motor vehicle “accident,” as that term is used in Section 1771(a) of the MVFRL. We agree.

As noted above, Section 1771(a) of the MVFRL addresses the reporting of nonpayment of judgments to DOT, providing as follows:

GENERAL RULE. — Whenever any person fails within- 60 days to satisfy any judgment arising from a motor vehicle accident, the judgment creditor may forward to the department a certified copy of the judgment.

75 Pa.C.S. § 1771(a). Section 1772(a) of the MVFRL addresses the effect of such report of non-payment, providing as follows:

[39]*39GENERAL RULE. — The department, upon receipt of a certified copy of a judgment, shall suspend the operating privilege of each person against whom the judgment was rendered except as otherwise provided in this section and in section 1775 (relating to installment payment of judgments).

75 Pa.C.S. § 1772(a). As noted above, Section 1772(c) of the MVFRL establishes an exception to such a suspension, providing, in pertinent part, as follows:

FINANCIAL RESPONSIBILITY IN EFFECT AT TIME OF ACCIDENT.— Any person whose operating privilege has been suspended, or is about to be suspended or become subject to suspension, under this chapter shall be relieved from the effect of the judgment as prescribed in this chapter if the person files evidence satisfactory to the department that financial responsibility was in force and effect at the time of the accident resulting in the judgment and is or should be available for the satisfaction of the judgment.

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Related

Franklin v. COM., DEPT. OF TRANSP.
39 A.3d 453 (Commonwealth Court of Pennsylvania, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
892 A.2d 36, 2005 Pa. Commw. LEXIS 797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-commonwealth-department-of-transportation-bureau-of-driver-pacommwct-2005.