Stefanick v. Dawson

1 Pa. D. & C.2d 765, 1954 Pa. Dist. & Cnty. Dec. LEXIS 271
CourtPennsylvania Court of Common Pleas, Mercer County
DecidedNovember 4, 1954
StatusPublished

This text of 1 Pa. D. & C.2d 765 (Stefanick v. Dawson) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Mercer County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stefanick v. Dawson, 1 Pa. D. & C.2d 765, 1954 Pa. Dist. & Cnty. Dec. LEXIS 271 (Pa. Super. Ct. 1954).

Opinion

McKay, J.,

On February 12, 1954, a right-angle collision of two automobiles occurred in Hickory Township, Mercer County, Pa. One of the automobiles was owned and operated by Evelyn Stefanick, her minor children, Gladys Elaine Stefanick and Gerald Stefanick, being passengers in her car. The other was owned and operated by Robert Dawson, his wife, Margaret Dawson, being one of the passengers. Evelyn Stefanick, Margaret Dawson, and the two Stefanick children were injured in the collision, and the present suits resulted.

They are:

Case 1. The case of Raymond J. Stefanick and Evelyn Stefanick, husband and wife, v. Robert Dawson, at September term 1954, no 22, hereinafter called Evelyn Stefanick’s case. It was brought to recover for the damages to her car and for her personal injuries. It was originally part of June term, 1954, no. 50, but was separated upon motion so that Dawson and his wife could sue her for their damages (case 2).

Case 2. The case of Robert Dawson and Margaret Dawson, husband and wife, v. Evelyn Stefanick, at September term 1954, no. 152, hereinafter called the Dawson case.

Case 3. The case of Gladys Elaine Stefanick and Gerald Stefanick (minors), by their parents as guardians, and Raymond J. Stefanick v. Robert Dawson, original defendant, and Evelyn Stefanick, additional defendant, at June term, 1954, no. 50, hereinafter called the minors’ case. It was brought to recover damages for the injuries sustained by the, minors., ,

The three cases were consolidated for trial and resulted in verdicts as follows:

Case 1. “Verdict: And now, to wit, October 12, 1954, we, the jurors empaneled in 'the' above-entitled case, find the1 verdict’in-favor'of the defendant. Both drivers guilty of negligence.” " ■ ' ' "

[767]*767Case 2. “Verdict: And now, to wit, October 12, 1954, we, the jurors empaneled in the above-entitled case, find the verdict in favor of the defendant. Both drivers1 guilty of negligence. Award Mrs. Dawson $1,100 (eleven hundred dollars).”

This verdict was amended by the court in the presence of the jury, and without exception by the parties, to read as follows:

“And now, to wit, October 12, 1954, we, the jurors empaneled in the above-entitled case, find the verdict in favor of the defendant as to the claim of the plaintiff Robert Dawson. Both drivers guilty of negligence. For the plaintiff Margaret Dawson for $1,100.”

Case 3. “Verdict: And now, to wit, October 12, 1954, we, the jurors empaneled in the above-entitled Case, find the verdict in favor of the plaintiff. Award Elaine Stefanick $1,000 (one thousand dollars) ; award Gerald Stefanick $300 (three hundred dollars) .”

Unfortunately, there were errors in the captions of the verdict slips which had been prepared for the use of the jury. The caption of the verdict slip for the minors’ case (June term 1954, no. 50) bore the erroneous term and number, “No. 22 of September Term 1954”, whereas the slip for Evelyn Stefanick’s case (September term, 1954, no. 22) erroneously bore the term and number, “No. 50 of June Term 1954.” This error was probably due to the fact that originally the two cases were one, June term 1954, no. 50, and when, on petition for severance, Evelyn Stefanick’s case was given the new number, September term, 1954, no. 22, the respective numbers and’ terms were inadvertently reversed in the preparation of the verdict slips. Similarly, in preparing the verdict slip for the minors’ case (June term, 1954, no. 50), thé name- of only the original defendant, Robert Dawson, was copied upon the'caption of the'slip,' and'the Dame of [768]*768the additional defendant, Evelyn Stefanick, who had been subsequently added, was omitted.

These errors' in the captions of the verdict slips, supplementing the usual difficulty incidental to multiple party trials, caused some confusion in the verdicts, the principal difficulty 'being the question whether the verdict in the third case (the minors’ case at June term, 1954, no. 50) was against only original defendant, whose name only appeared in the caption of the slip, or against both original and additional defendants. The body of - the written verdict did not specify any ■ defendant. 1

We charged the jury that the minor’s case was against ■ both Robert Dawson as original defendant and Evelyn Stefanick as additionál defendant, and instructed'them in substance that if "they found both Robert Dawson and Evelyn Stefanick guilty of negligence which was the direct cause of the collision, and that minor plaintiffs were entitled to damages, they should return a verdict against both Robert Dawson, original defendant, and Evelyn Stefanick, additional defendant, for such damages as the minors were en-. titled to receive.

The jury agreed Upon the respective verdicts after the adjournment of court and returned sealed verdicts. When the verdicts were opened and read, the error in the caption as to defendants in the minors’ case was disclosed, whereupon we asked the jury if they intended the verdict to be against Robert Dawson, original defendant, or Evelyn Stefanick, additional defendant, or both. The foreman replied that they had not considered that. The jury was then discharged. 1

On October 15, 1954, counsel for defendant Robert Dawson filed a petition to mould and amend the verdict in the minors’ case so that it would be against both Robert Dawson, original defendant, and Evelyn Stefa[769]*769nick, additional defendant. A rule was granted and on November 1, 1954, the matter was argued by counsel. This petition is the subject of the present opinion.

We are of the opinion that the petition to amend the verdict should be granted.

Since the jury in their verdicts in the companion cases made specific findings that both Robert Dawson, original defendant, and Evelyn Stefanick, additional defendant, were guilty of negligence in causing the collision involved in this case, it is obvious that any verdict which they rendered in favor of minor plaintiffs could only be against both defendants.

Therefore, notwithstanding the foreman reported that they had not considered whether the verdict should be against original defendant, or against additional defendant, or against both, a verdict in favor of minor plaintiffs must necessarily be against both. Any other verdict would be inconsistent with their specific findings that both defendants were negligent.

It is unfortunate that the caption of the case as set forth in the verdict slip omitted the name of additional defendant and that the term and number of two of the cases were reversed. However, there is no indication that the jury was misled by these errors or that the issues were not understood and decided. Having found original defendant and additional defendant both negligent in causing the collision which resulted in the injuries to minor plaintiffs, and having returned a verdict in favor of minor plaintiffs in specified amounts, the verdict in those amounts must necessarily be against both original defendant and additional defendant and should be so amended as to accomplish the result which the jury’s expressed intention necessarily compels.

It is well settled that, even after a. jury has disbanded, the court may, in a clear case, amend a [770]*770verdict so as to make the corrected verdict conform to the obvious intention of the jury: Barclay et al., v. Kerr et al., 110 Pa. 130; Maize admr., v. Atlantic Refining Company, 352 Pa.

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Bluebook (online)
1 Pa. D. & C.2d 765, 1954 Pa. Dist. & Cnty. Dec. LEXIS 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stefanick-v-dawson-pactcomplmercer-1954.