Tolbert v. Bowers

47 Pa. D. & C.4th 467, 2000 Pa. Dist. & Cnty. Dec. LEXIS 185
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedSeptember 7, 2000
Docketno. 96-005325-17-2
StatusPublished

This text of 47 Pa. D. & C.4th 467 (Tolbert v. Bowers) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tolbert v. Bowers, 47 Pa. D. & C.4th 467, 2000 Pa. Dist. & Cnty. Dec. LEXIS 185 (Pa. Super. Ct. 2000).

Opinion

CLARK, S.J.,

Plaintiffs, passengers in a motor vehicle, were severely injured in an accident with a stolen van being operated by a 14-year-old runaway from a mental facility in Bucks County, Pennsylvania, which van was being pursued by Doylestown Township officers. At the conclusion of a five-day trial commencing January 31, 2000, the jury awarded both plaintiffs substantial verdicts. Post-trial motions were timely filed by defendants setting forth numerous reasons why they should be awarded judgment notwithstanding the verdicts, a new trial or a remittitur of damages.

At oral argument conducted on August 15, 2000, defendants emphasized two areas where they argued the trial judge erred in ruling against them on evidentiary matters. They also argued for judgment n.o.v.

The first evidentiary ruling concerned the defense attempt to bring before the jury the possession of certain narcotics found in the plaintiffs’ vehicle after the accident. And, also, the results of certain blood analyses of plaintiff Dorsey Williams and one Eric Wilburn, the driver of the car he occupied.

[469]*469The defense made an offer of proof that a toxicologist could interpret the results of the blood tests on the driver, Eric Wilburn, and give an opinion that the amount of cocaine in Wilburn’s system at the time of the accident substantially impaired his ability to operate a motor vehicle.

The defense also argued at trial that the amount of cocaine in plaintiff Dorsey Williams’ system established that he was somehow contributorily negligent.

The court ruled prior to trial, and at trial in favor of plaintiffs’ motion in limine to preclude the defense from presenting any evidence or testimony relative to the laboratory analysis of Eric Wilburn’s blood extracted after the accident. In so ruling, the court concluded that there was no independent corroborative evidence that Wilburn was improperly operating his vehicle in any manner prior to the accident and, therefore, the results of the toxicology report were inadmissible. The court concluded that since the results of the report had no probative value, the introduction to the jury could only be unfairly prejudicial.

The court likewise ruled prior to trial and at trial in favor of plaintiffs’ motion in limine to preclude the defense from presenting any evidence or testimony relative to the laboratory analysis of Dorsey Williams’ blood extracted after the accident. In so ruling, the court concluded that there was no independent corroborative evidence that Williams in any way contributed to the happening of the accident and, therefore, the introduction to the jury could only be unfairly prejudicial.

At trial, plaintiffs produced one Frederick Magargal, a 47-year-old tractor-trailer driver with some 30 years [470]*470driving experience as an eyewitness to the accident. He testified that on a clear day at about 3 p.m. he slowed and stopped at the intersection of Folly Road and County Line Road, after observing a van coming south on Folly Road, “going at a high speed . . . .” (N.T., 2/1/2000, p. 12.)

He further testified that he could tell that “the van wasn’t going to be able to stop for the stop sign, and that the vehicle (Wilburn) travelling eastbound on County Line Road was probably going to be in trouble.” His testimony went on as follows:

“Q. When the van got to the intersection of County Line and Folly Road, what did it do?
“A. Ran the stop sign.
“Q. Did it make a right or left turn?
“A. Made a right.
“Q. And that would have been westbound, the same direction as you were going?
“A. Yes.
“Q. Can you describe how it made that right turn?
“A. A wide right turn out into the eastbound lanes.
“Q. That’s the lane that you saw the car coming eastbound?
“A. Correct.
“Q. Can you describe what happened to that car?
“A. He was forced off the roadway.
“Q. Did you actually see that happen?
“A. Yes ....
“A. Shortly after leaving the travel portion of the road, it slammed into a telephone pole, and then went sideways and slide [sic] eastbound on County Line Road.” (N.T., 2/1/2000, pp. 14-15.)

[471]*471In addition,

“Q. Did you ever see that vehicle traveling eastbound ever cross into the westbound lane?
“A. No.
“Q. He was always within his lane?
“A. Yes.
“Q. Until he was run off the road?
“A. Correct.” (N.T., 2/1/2000, p. 20.)

Still later on cross:

“Q. Regarding the vehicle in which plaintiffs were occupying, was that — can you describe the operation of that vehicle? Was that travelling in a safe manner?
“A. As I saw it, yes ....
“Q. Based on your observation, was that vehicle traveling in a safe manner?
“A. Yes.” (N.T., 2/1/2000, p. 28.)

Next at trial, the investigating police officer, Connie Johnson from Horsham Township Police Department, testified, without objection, that on page 3 of her report, she stated, “The operator of unit 1 (Wilburn) took the only evasive action possible to avoid hitting the van head-on.” (N.T., 2/1/2000, p. 67.)

Earlier, she had testified, without objection, that she took a statement from Eric Wilburn as follows:

“Operator of unit no. 1 (Wilburn) stated he was travelling east on County Line Road and then this van came out fast and made a wide right turn into his lane.
“He said he tried to steer away from the van and then he hit the telephone pole.” (N.T., 2/1/2000, pp. 38-39.)

The above is the only testimony presented at the trial on the manner in which Wilburn was operating his vehicle prior to impact. There was absolutely no evidence [472]*472presented that Wilburn was operating his vehicle other than in a safe manner.

Eric Wilburn is not a party in this case. Therefore, the manner in which he was driving can only be relevant as it may impact on Bower’s negligent driving. However, the only evidence presented in this case bearing on Wilburn’s driving was that he was safely operating his vehicle in his own lane of travel when he swerved to avoid a head-on collision in his own lane with the Bower’s vehicle. And the evidence further discloses Bowers was speeding, out of control, had run a stop sign and proceeded into Wilburn’s lane of travel.

In the absence of some evidence that Wilburn was driving negligently, carelessly or recklessly, the fact that he had cocaine in his blood extracted after the accident, has no probative value. See Clinton v. Giles, 719 A.2d 314, 318 (Pa. Super. 1998).

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Bluebook (online)
47 Pa. D. & C.4th 467, 2000 Pa. Dist. & Cnty. Dec. LEXIS 185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tolbert-v-bowers-pactcomplbucks-2000.