White v. City of Philadelphia

16 Pa. D. & C.4th 49, 1992 Pa. Dist. & Cnty. Dec. LEXIS 191
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedJune 8, 1992
Docketno. 1532
StatusPublished

This text of 16 Pa. D. & C.4th 49 (White v. City of Philadelphia) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
White v. City of Philadelphia, 16 Pa. D. & C.4th 49, 1992 Pa. Dist. & Cnty. Dec. LEXIS 191 (Pa. Super. Ct. 1992).

Opinion

NIGRO, J.,

FACTS AND PROCEDURAL HISTORY

This opinion is in support of the court’s January 22, 1992, order entering judgment on the pleadings in favor of defendants, the city of Philadelphia, Mark Itzko and Joseph Crone.

Plaintiffs allege that on April 5,1988, defendants Wag-staff and Philadelphia Police officers, Itzko and Crone were involved in a high speed chase on Broad Street in Philadelphia, Pennsylvania. During the pursuit, defendant Wagstaff ran a red light at the comer of Broad and Clearfield Streets, striking the plaintiff White’s vehicle on the driver’s side. As a result of the collision, defendant Wagstaff’s fuel tank sprayed gasoline into plaintiff’s vehicle causing ignition of the gasoline and personal injuries to the plaintiffs. In their complaint, the plaintiffs averred that the negligence of the city and the police officers caused the accident. Defendants, the city, Itzko and Crone [50]*50filed a motion for judgment on the pleadings alleging that no common law duty of care exists between the plaintiffs and the moving defendants. Upon consideration of the motion and plaintiffs’ response thereto, this court entered judgment in favor of the city, Itzko and Crone.

DISCUSSION

This case raises an issue of law not specifically addressed by our appellate courts; whether a duty of care is owed to a third party injured in a collision with a vehicle pursued by the police? Relying upon Mindala v. American Motors Corp., 518 Pa. 350, 543 A.2d 520 (1988); Chapman v. City of Philadelphia, 290 Pa. Super. 281, 434 A.2d 753 (1981), and its progeny, this court finds that the plaintiffs did not establish a necessary and material element of the alleged negligence, the defendants’ duty of care.

It is axiomatic that the duty of care is one of the four necessary elements of negligence which the plaintiff must prove in order to establish the defendant’s liability:

“a duty or obligation recognized by the law, requiring the actor to conform to a certain standard of conduct; a failure to conform to the standard required; a causal connection between the conduct and the resulting injury; and actual loss or damage resulting to the interests of another.” Morena v. South Hills Health System, 501 Pa. 634, 642, 462 A.2d 680, 684 n.5 (1983); Carson v. City of Philadelphia, 133 Pa. Commw. 74, 80, 574 A.2d 1184, 1187 (1990).

Previously, our courts have decided cases in which high speed police pursuits have resulted in collisions be[51]*51tween a third party and the pursued party absent the police vehicle’s direct physical contact with the third party. See Baker v. Hawks, 127 Pa. Commw. 92, 560 A.2d 939 (1989) (passenger in the pursued vehicle suffered injuries); Dickens v. Upper Chichester Township, 123 Pa. Commw. 226, 553 A.2d 510 (1989) (pursued driver collided with a third party); Bickert v. Borough of Riverside et al., 118 Pa. Commw. 91, 545 A.2d 962 (1988) (passenger in the pursued vehicle killed); Force v. Watkins et al., 118 Pa. Commw. 87, 544 A.2d 114 (1988) (passenger in the pursued vehicle suffered injuries). These cases, however, have not adjudicated the duty of care element required to establish common law negligence and liability. Instead, the holdings in these cases have consistently addressed the issue of whether the fatal occurrence fell within the vehicle exception to governmental immunity contained within 42 Pa.C.S. §8542(b)(l).

Plaintiffs primarily rely upon Kuzmics v. Santiago, 256 Pa. Super. 35, 389 A.2d 587 (1978), wherein a plaintiff was injured by a vehicle which was being pursued by the police. This court, however, does not find the Kuzmics decision to be controlling in the present matter. Rather than addressing the issue of duty, the Kuzmics court focused on the issue of the standard of care the police owed the third party. “We do not perceive the issue in terms of the duty of police to pursue and apprehend summary violators regardless of risk or cost, nor do we see the question posed in terms of tying the hands of the police and permitting ‘leisurely escapes/” Id. at 39-40, 389 A.2d at 589-590. The Kuzmics court in defining the controlling issue stated, “ [w]e feel that the jury must determine whether the municipality, through the acts of [52]*52the police officers, breached the standard of care....” Id. at 41,389 A.2d at 590. (emphasis added) In contrast, the present court believes that the appropriate review must begin with determining whether the police owed a duty to the plaintiffs.

A series of appellate court decisions starting with Chapman v. City of Philadelphia, 290 Pa. Super. 281, 434 A.2d 753 (1981), support the decision of this court. The Chapman court stated a “no duty” rule or “special relationship” test as follows:

“The duty of the city of Philadelphia to provide police protection is a public one which may not be claimed by an individual unless a special relationship exists between the city and the individual. A special relationship is generally found to exist only in cases in which an individual is exposed to a special danger and the authorities have undertaken the responsibility to provide adequate protection for him.” Id. at 283, 434 A.2d at 754. (citation omitted)

Numerous cases following Chapman have applied the “no duty” or “special relationship” rule to various factual situations in which the police failed to protect an injured third party. The Chapman progeny includes the following cases in which no duty was found to exist, Yates v. City of Philadelphia, 134 Pa. Commw. 282, 578 A.2d 609 (1990); Steiner v. City of Pittsburgh, 97 Pa. Commw. 440, 509 A.2d 1368 (1986); Morris v. Musser et al., 84 Pa. Commw. 170, 478 A.2d 937 (1984); Melendez by Melendez v. City of Philadelphia, 320 Pa. Super. 59, 466 A.2d 1060 (1983). The crucial element which creates a “special relationship” between the police and [53]*53the protected individuals is characterized as a promise of police protection to a specific individual in a uniquely dangerous situation. See Chapman, supra.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Chapman v. City of Philadelphia
434 A.2d 753 (Superior Court of Pennsylvania, 1981)
Bickert v. Borough of Riverside
545 A.2d 962 (Commonwealth Court of Pennsylvania, 1988)
Steiner Et Vir v. City of Pgh.
509 A.2d 1368 (Commonwealth Court of Pennsylvania, 1986)
Mindala v. American Motors Corp.
543 A.2d 520 (Supreme Court of Pennsylvania, 1988)
Baker v. Hawks
560 A.2d 939 (Commonwealth Court of Pennsylvania, 1989)
MELENDEZ BY MELENDEZ v. City of Phila.
466 A.2d 1060 (Supreme Court of Pennsylvania, 1983)
Yates v. City of Philadelphia
578 A.2d 609 (Commonwealth Court of Pennsylvania, 1990)
Socarras v. City of Philadelphia
552 A.2d 1171 (Commonwealth Court of Pennsylvania, 1989)
Dickens v. Upper Chichester Township
553 A.2d 510 (Commonwealth Court of Pennsylvania, 1989)
Kuzmics v. Santiago
389 A.2d 587 (Superior Court of Pennsylvania, 1978)
Kosor v. Harleysville Mutual Insurance
595 A.2d 128 (Superior Court of Pennsylvania, 1991)
Force v. WATKINS
544 A.2d 114 (Commonwealth Court of Pennsylvania, 1988)
Carson v. City of Philadelphia
574 A.2d 1184 (Commonwealth Court of Pennsylvania, 1990)
Morena v. South Hills Health System
462 A.2d 680 (Supreme Court of Pennsylvania, 1983)
Morris v. Musser
478 A.2d 937 (Commonwealth Court of Pennsylvania, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
16 Pa. D. & C.4th 49, 1992 Pa. Dist. & Cnty. Dec. LEXIS 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-city-of-philadelphia-pactcomplphilad-1992.