Watson v. PennDOT

33 Pa. D. & C.4th 325, 1996 Pa. Dist. & Cnty. Dec. LEXIS 173
CourtPennsylvania Court of Common Pleas, Montgomery County
DecidedJuly 1, 1996
Docketno. 87-07298
StatusPublished
Cited by1 cases

This text of 33 Pa. D. & C.4th 325 (Watson v. PennDOT) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Montgomery County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Watson v. PennDOT, 33 Pa. D. & C.4th 325, 1996 Pa. Dist. & Cnty. Dec. LEXIS 173 (Pa. Super. Ct. 1996).

Opinion

FURBER, J.,

The plaintiffs appeal an order granting summary judgment entered on November 14,1995, in favor of the defendant, The Haver-ford School.

FACTS AND PROCEDURAL HISTORY

This matter involves a civil action brought by Robert Watson, a minor, by and through his parent and natural guardian, Priscilla Watson, who also filed a cause of action in her own right, against the Commonwealth of Pennsylvania, Department of Transportation, Lika Tov, Steven Kaufman, and The Haverford School, to recover damages for personal injuries suffered by Robert Watson. The following facts are those which are not in dispute: Robert Watson suffered personal injuries as a result of a motor vehicle-pedestrian accident which occurred at approximately 2:25 p.m., on March 3,1986, at the intersection of Lancaster Avenue and Booth Lane in Haverford, Pennsylvania. Plaintiff was 13 years old, 12 days away from celebrating his fourteenth birthday. He had entered the seventh grade at The Haverford School in September 1985. At the end of the school day on March 3, 1986, plaintiff was not attending a class at The Haverford School, and was not under the supervision of school personnel, but was standing in front of the school’s iron gates on the public sidewalk of Lancaster Avenue with the intention of crossing the street from south to north. After he had pressed the pedestrian signal button on the sidewalk pole, and while waiting for the traffic light to change, plaintiff attempted to cross Lancaster Avenue against the light and was [328]*328struck by an automobile. Plaintiff admitted that he had previously crossed the intersection at that same location and that traffic control signals were visible. Plaintiff’s actions were witnessed by his classmate and friend, Matthew Oglesby. The two teenagers left school together, but Mr. Oglesby did not attempt to cross Lancaster Avenue, deciding instead to wait for the light to change.

Plaintiffs’ complaint alleges that The Haverford School had an affirmative duty to provide a safe crossway at the intersection of Lancaster Avenue and Booth Lane for its students, and was negligent in the fulfillment of that duty in the following ways: failure to provide a crossing guard, failure to warn students of the danger of the intersection, failure to notify other agencies of the necessity of posting warnings at the intersection, failure to acknowledge prior accidents at the intersection, failure to correct the danger at the intersection, and indifference to the safety of its students, all of which were the proximate cause of Robert Watson’s injuries.

Plaintiffs filed a timely notice of appeal from the order of this court dated November 14, 1995, granting the motion for summary judgment in favor of the defendant, The Haverford School.

ISSUE

The plaintiffs/appellants, Priscilla Watson and Robert Watson Jr., have set forth seven issues in the concise statements of matters complained of on appeal pursuant to Pennsylvania Rule of Appellate Procedure 1925(b); however, the undersigned believes that all points are resolved by addressing the single issue of whether this court erred in ruling that the defendant/appellee, The [329]*329Haverford School, owed Robert Watson no duty of care as a matter of law under the circumstances.

DISCUSSION

A motion for summary judgment “shall be rendered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Pennsylvania Rules of Civil Procedure, Rule 1035(b). Capuzzi v. Heller, 418 Pa. Super. 550, 614 A.2d 775 (1992). In deciding whether the movant has met this burden, the trial court’s ultimate inquiry is “whether the admissible evidence in the record, considered in the light most favorable to the respondent to the motion, fails to establish a prima facie case.” Johnson v. Harris, 419 Pa. Super. 541, 548-49, 615 A.2d 771, 775 (1992). (citations omitted) “The court’s responsibility is to determine whether a genuine issue of material fact exists; the court may not resolve such an issue. Moreover, the court should not enter summary judgment unless the case is free from doubt. ... In reviewing the entry of summary judgment by the trial court, however, [the Superior Court] will not overturn that decision unless there has been an error of law or a clear abuse of discretion.” Thompson v. Anderson, 429 Pa. Super. 532, 534-35, 632 A.2d 1349, 1351 (1993). (citations omitted)

Under both the law of Pennsylvania and traditional principles of tort law, a cause of action for negligence requires proof of four elements: the existence of a duty obliging the actor to conform to particular standards of conduct for the protection of others against unreasonable risks; failure to conform to the standards required; a causal connection between the conduct and [330]*330injury suffered; and actual damage or loss to the injured party. City of Philadelphia v. Estate of Dennis, 161 Pa. Commw. 69, 636 A.2d 240 (1993); Morena v. South Hills Health System, 501 Pa. 634, 462 A.2d 680 (1983); In re TMI, 67 F.3d 1103, 1117 (3d Cir. 1995); Prosser on the Law of Torts §30, at 164-65 (6th ed. 1985). Appellants contend that the facts in the instant case present the existence of an affirmative duty on the part of The Haverford School to provide a safe crossway at the intersection of Lancaster Avenue and Booth Lane for its students, and that the appellee was negligent in the fulfillment of that duty. It is the function of the court to decide whether the facts give rise to any legal duty on the part of the defendant. Restatement (Second) of Torts §328B (1965). The court lists below the uncontroverted facts relating to the duty of the ap-pellee based on the pleadings, depositions, answers to interrogatories, admissions, and supporting affidavits submitted by each party:

(1) Appellant Robert Watson Jr. was injured as the direct result of an automobile-pedestrian accident at approximately 2:25 p.m. on March 3, 1986.

(2) The accident occurred at the intersection of Lancaster Avenue and Booth Lane in Haverford, Pennsylvania.

(3) Appellant was born on March 15, 1972; he was, therefore, 12 days away from his fourteenth birthday.

(4) Appellant became a seventh grade student at The Haverford School in September 1985.

(5) At the time of the accident, appellant had completed his school day and had left the school’s premises.

(6) At the time of the accident, appellant was not en route to a school-related activity.

[331]*331(7) At the time of the accident, appellant was not under the supervision of school personnel.

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Bluebook (online)
33 Pa. D. & C.4th 325, 1996 Pa. Dist. & Cnty. Dec. LEXIS 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-v-penndot-pactcomplmontgo-1996.