Von Der Heide v. Commonwealth of Pennsylvania Department of Transportation

718 A.2d 286, 553 Pa. 120, 1998 Pa. LEXIS 2121
CourtSupreme Court of Pennsylvania
DecidedOctober 1, 1998
Docket98 M.D. Appeal Docket 1997
StatusPublished
Cited by65 cases

This text of 718 A.2d 286 (Von Der Heide v. Commonwealth of Pennsylvania Department of Transportation) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Von Der Heide v. Commonwealth of Pennsylvania Department of Transportation, 718 A.2d 286, 553 Pa. 120, 1998 Pa. LEXIS 2121 (Pa. 1998).

Opinions

OPINION

NIGRO, Justice.

The Commonwealth of Pennsylvania Department of Transportation (PennDOT) appeals from the Commonwealth Court’s reversal of the trial court’s grant of a new trial pursuant to PennDOT’s post trial motions, finding that the trial court did not abuse its discretion in failing to instruct the jury on superseding cause. For the following reasons, we find that a jury instruction on superseding cause was not required and thus affirm the order of the Commonwealth Court.

Appellee Alice Von der Heide, on behalf of her late husband’s estate, commenced an action for his wrongful death resulting from a one car accident in which he was the driver on August 19, 1991 at approximately 2:30 in the afternoon. Decedent William Von der Heide (Mr. Von der Heide), his wife and two children were travelling south on Route 15 toward Williamsport, Pennsylvania when their 1991 Plymouth Acclaim crossed over the northbound lane and struck the guardrail, traveled approximately seventeen feet along the guardrail, and finally came to rest upon striking a concrete bridge abutment. Mr. Von der Heide sustained fatal injuries.

In August 1993, Appellee filed a complaint against Penn-DOT alleging defective conditions of the roadway and guardrails, as well as improper maintenance of the guardrails.

Following trial, the jury found that PennDOT was sixty percent negligent and that Decedent was forty percent negligent, awarding Appellee damages totaling $1.7 million which the trial court molded to $505,672.88 including pre-judgment interest.1 PennDOT filed a motion for post-trial relief assert[123]*123ing, inter alia, that the trial court erred in failing to charge the jury on superseding cause as Mr. Von der Heide placed himself and others at great risk by allegedly falling asleep at the wheel, failing to maintain control of his car, crossing into and over the opposing travel lane and off the roadway on the northbound side. The trial court granted PennDOT a new trial and Appellee appealed to the Commonwealth Court, which reversed and reinstated the jury’s verdict.

In examining jury instructions, our scope of review is to determine whether the trial court committed a clear abuse2 of discretion or an error of law controlling the outcome of the case. Stewart v. Motts, 539 Pa. 596, 606, 654 A.2d 535, 540 (1995). Error in the jury charge is sufficient ground for a new trial if the charge, taken as a whole, is inadequate, unclear, or has the tendency to mislead or confuse rather than to clarify a material issue. Id. A charge will be found adequate unless “the issues are not made clear to the jury or the jury was palpably misled by what the trial judge said or unless there is an omission in the charge which amounts to fundamental error.” Id. (citing Voitasefski v. Pittsburgh Rys. Co., 363 Pa. 220, 226, 69 A.2d 370, 373 (1949)).

“A superseding cause is an act of a third person or other force which, by its intervention, prevents the actor from being liable for harm to another which his antecedent negligence is a substantial factor in bringing about.” Restatement (Second) of Torts § 440. See Trade v. Martin, 442 Pa.Super. 614, 627, 660 A.2d 626, 632 (1995). In addition a superseding cause must be an act which is so extraordinary as not to have been reasonably foreseeable. Id. Instantly, PennDOT claims that driving into oncoming traffic and leaving the road is not [124]*124reasonably foreseeable behavior and that therefore the jury should have been instructed to determine whether Decedent’s conduct was a superseding cause of his own death, absolving PennDOT of liability. However, the mere reasonable unforeseeability of Mr. Von der Heide’s conduct does not render it a superseding cause without having first been the act of a third person. See Trade, 442 Pa.Super. at 627, 660 A.2d at 632 (1995).

Presently, the trial court, in granting Appellant’s motion for a new trial, confuses the concepts of superseding cause and comparative negligence. Superseding cause allows the unforeseeable acts of a third party, someone or something other than the plaintiff or the defendant, to supplant the defendant’s conduct as the legal cause of the plaintiffs injuries. See Restatement (Second) of Torts § 440; see also Trade, 442 Pa.Super. at 627, 660 A.2d at 632 (1995). Thus, if the jury finds a superseding cause, then the defendant is relieved of any liability to the plaintiff. Comparative negligence, while a completely different concept, may have the similar effect of barring a plaintiffs recovery, assuming the plaintiffs relative fault in causing the injury is greater than the defendant’s fault. Comparative negligence denotes the negligent conduct of the plaintiff which is concurrent with the defendant’s negligent conduct. See Comparative Negligence Act, 42 Pa.C.S. § 7102; Elder v. Orluck, 511 Pa. 402, 404, 515 A.2d 517, 517 (1986). Under the Comparative Negligence Act, if the jury determines that the injuries were due more to the plaintiffs negligence than to the defendant’s then the defendant is relieved of any liability. Id. Consequently, the plaintiff cannot recover against the defendant. Nonetheless, this identity of outcomes in no way makes comparative negligence, whatever the degree, the equivalent of superseding cause.

Here, the jury was properly given special interrogatories and instructions on comparative negligence which read, in pertinent part:

Question[s] three and four relate to liability on the part of Mr. Von der Heide for his own death. Question three being was he negligent and I’ll talk to you about that. If not, [125]*125you’re going to skip on to the damage question, which is number six.
If you say yes he was negligent then you have to answer the causation question number four with regard to him. “Was such negligence a substantial factor in causing his death? Yes or no.”
Now, if you have answered yes to all of the first four questions, that is, if you have found both [PennDOT] and Mr. Von der Heide causally negligent, that is, negligent in a way that was a substantial factor in causing his death, then you, under Pennsylvania law, you must apportion the relative degrees of causal negligence starting with a hundred percent and deciding what percent of that causal ... negligence, that total hundred percent is attributable to [Penn-DOT] and what to Mr. Von der Heide. As I said, you reach question five only if you have answered yes to all the preceding questions.

N.T. at 87-88.

On the issue of concurrent causes, as well, the trial court properly instructed:

There can be more than one substantial factor in bringing about an accident. If the negligent conduct of two or more people contribute concurrently to an accident each of those persons would be responsible for the accident....

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Bluebook (online)
718 A.2d 286, 553 Pa. 120, 1998 Pa. LEXIS 2121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/von-der-heide-v-commonwealth-of-pennsylvania-department-of-transportation-pa-1998.