Stout v. Consolidated Rail Corp.

10 Pa. D. & C.4th 307, 1991 Pa. Dist. & Cnty. Dec. LEXIS 273
CourtPennsylvania Court of Common Pleas, Clinton County
DecidedJune 4, 1991
Docketno. 620-89
StatusPublished

This text of 10 Pa. D. & C.4th 307 (Stout v. Consolidated Rail Corp.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Clinton County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stout v. Consolidated Rail Corp., 10 Pa. D. & C.4th 307, 1991 Pa. Dist. & Cnty. Dec. LEXIS 273 (Pa. Super. Ct. 1991).

Opinion

BROWN, P.J.,

This action arises from a freight train derailment which occurred on October 29, 1988. Defendant Consolidated Rail Corporation operated both the train and the tracks. Of the 34 cars that derailed, 29 or 30 came to rest on plaintiffs’ property. The derailed cars contained coal.

The following facts are either undisputed or viewed in the light most favorable to plaintiffs. Spain v. Vicente, 315 Pa. Super. 135, 461 A.2d 833 (1983). Immediately following the derailment, Conrail clean-up crews gained access to the derailment site on plaintiffs’ property by utilizing plaintiffs’ private road. The clean-up crews broke a lock to open a gate that plaintiffs had erected across the private road. Within approximately 30 hours after the derailment, the clean-up crews had the track back in operation.

Conrail did not notify plaintiffs of the derailment or commencement of salvage or retrieval operations. Plaintiff Randy Stout discovered the derailment and property damage on or about November 5, 1988.

[309]*309Conrail crews and outside contractors performed clean-up and salvage operation on plaintiffs’ property through May 23, 1989. These operations included removing the derailed cars and the spilled coal from the site. It is estimated that three thousand tons of coal spilled. Pursuant to the derailment and clean-up standing trees were destroyed. The grading and contour of the land was altered and some coal deposits remain on the land. Conrail through its employees, agents, or contractors cut down standing trees on plaintiffs’ property to use for firewood. Conrail regraded and reseeded the derailment site.

Plaintiffs’ property consists of approximately 37 acres in West Keating Township, Clinton County, Pennsylvania. Most of the land was naturally grown trees and shrubs. Plaintiffs purchased the land in 1985 for $10,000 and in 1988 they erected a one-story cabin. Conrail’s track in West Keating Township runs along the Susquehanna River and bisects plaintiffs’ property. Plaintiffs allege damage to their land and realty in the amount of $24,455.

ISSUES

I. Whether, plaintiffs are entitled to punitive damages for the derailment and Conrail’s actions following the derailment.

II. Whether plaintiffs are entitled to damages for the trespass, for the derailment in and of itself, exclúsive of compensatory damages for the injuries to the real estate.

III. Whether the measure of damage for injury to Stouts’ real estate is cost of repairs or value of the property.

[310]*310DISCUSSION

Conrail seeks partial summary judgment on three issues related to the proper measure of damages in this action. Conrail, as moving party, bears the burden of proving that no genuine issues exist as to any material facts and that it is entitled to partial judgment as a matter of law. Pa.R.C.P. 1035(b); Pennsylvania Gas & Water Co. v. Nenna & Frain Inc., 320 Pa. Super. 291, 467 A.2d 330 (1983). The court must examine the record in the light most favorable to plaintiffs, accept as true all well-pled facts in plaintiffs’ favor, and give plaintiffs the benefit of all reasonable inferences to be drawn therefrom. Spain v. Vicente, 315 Pa. Super. 135, 461 A.2d 833 (1983).

Punitive Damages

Defendant moves for summary judgment on plaintiffs’ claim for punitive damages. Defendant contends plaintiffs have failed to allege outrageous conduct by defendant. Defendant takes the position that plaintiffs’ claim for punitive damages arises only from defendant’s alleged intentional trespass — i.e., breaking the lock on the gate and entering plaintiffs’ property. Defendant argues that it was operating under a privilege to enter plaintiffs’ property and that it did so “with good intentions and with good motive.” Brief in support at 7.

In response, plaintiffs contend defendant’s actions on plaintiffs’ property indicate concern only for defendant’s pecuniaiy interests and a lack of concern for plaintiffs’ rights. Plaintiffs argue that the totality of the circumstances and the relation between the parties support plaintiffs’ claim for punitive damages. Plaintiffs conclude that the issue of punitive damages should be left to the trier of fact.

[311]*311In Pennsylvania punitive damages may be awarded where one party’s conduct has been malicious, reckless, wanton, willful or oppressive. Feld v. Merriam, 506 Pa. 383, 485 A.2d 742 (1984). The court must consider all the circumstances including the motive of the wrongdoer and the relation between the parties to determine if the wrongdoer’s conduct is outrageous or egregious. Id.; Dean Witter Reynolds Inc. v. Genteel, 346 Pa. Super. 336, 499 A.2d 637 (1985). Conduct that is outrageous because of evil motive or reckless indifference to the rights of others supports an award of punitive damages. Restatement (Second) of Torts §908(2); Kirkbride v. Lisbon Contractors Inc., 385 Pa. Super. 292, 560 A.2d 809 (1989); Focht v. Rabada, 217 Pa. Super. 35, 268 A.2d 157 (1970).

The court must deny defendant’s motion for summary judgment on this issue. Defendant has taken a particularly narrow view of which allegations support a claim for punitive damages. This is not a simple trespass case. The amended complaint alleges the following actions by defendant exhibited a “reckless indifference and wanton disregard of the rights of plaintiffs with respect to their real property”: (1) failure to notify plaintiff of the derailment; (2) negligent trespass onto plaintiffs’ property; (3) intentional trespass onto plaintiffs’ property; (4) failure to notify plaintiffs of the commencement of clean-up operations; (5) willful destruction of standing trees on plaintiffs’ property; (6) alteration of the grade and contour of plaintiffs’ property; (7) failure to remove all coal deposits from plaintiffs’ property and (8) destruction of standing trees on plaintiffs’ property for use as firewood. Defendant’s evidence submitted in support of the instant motion fails to rebut these allegations. See affidavit of Patrick G. Weaver; stipulation of facts.

[312]*312The court finds defendant’s authority unpersuasive. Defendant cites Gedekoh v. Peoples Natural Gas Co., 183 Pa. Super. 511, 133 A.2d 283 (1957), for the proposition that the defendant gas company that had a right-of-way on plaintiffs’ property also was “privileged” to use other portions of the plaintiffs’ property. In fact, although the Superior Court agreed that plaintiffs had failed to state a case in trespass, the Superior Court held that plaintiffs had stated a suit in assumpsit and should have been permitted to amend their complaint. In Feld v. Merriam, 506 Pa. 383, 485 A.2d 742

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Related

Pennsylvania Gas & Water Co. v. Nenna & Frain, Inc.
467 A.2d 330 (Supreme Court of Pennsylvania, 1983)
Feld v. Merriam
485 A.2d 742 (Supreme Court of Pennsylvania, 1984)
Focht v. Rabada
268 A.2d 157 (Superior Court of Pennsylvania, 1970)
Kirkbride v. Lisbon Contractors, Inc.
560 A.2d 809 (Supreme Court of Pennsylvania, 1989)
Albig v. MUN. AUTH. OF WESTMORELAND CTY.
502 A.2d 658 (Supreme Court of Pennsylvania, 1985)
Dean Witter Reynolds, Inc. v. Genteel
499 A.2d 637 (Supreme Court of Pennsylvania, 1985)
Pittsburgh Outdoor Advertising Co. v. Virginia Manor Apartments, Inc.
260 A.2d 801 (Supreme Court of Pennsylvania, 1970)
Gedekoh v. Peoples Natural Gas Co.
133 A.2d 283 (Superior Court of Pennsylvania, 1957)
Spain v. Vicente
461 A.2d 833 (Supreme Court of Pennsylvania, 1983)

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Bluebook (online)
10 Pa. D. & C.4th 307, 1991 Pa. Dist. & Cnty. Dec. LEXIS 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stout-v-consolidated-rail-corp-pactcomplclinto-1991.