Williams v. Kopp

20 Pa. D. & C.4th 289, 1993 Pa. Dist. & Cnty. Dec. LEXIS 110
CourtPennsylvania Court of Common Pleas, York County
DecidedSeptember 30, 1993
Docketno. 90-SU-00814-01
StatusPublished

This text of 20 Pa. D. & C.4th 289 (Williams v. Kopp) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, York County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Kopp, 20 Pa. D. & C.4th 289, 1993 Pa. Dist. & Cnty. Dec. LEXIS 110 (Pa. Super. Ct. 1993).

Opinion

HORN, J.,

This matter comes before the court on motion for summary judgment. Defendants, Burnell and Crystal Kopp, argue that summary judgment is proper because plaintiff cannot establish the element of proximate cause.

Summary judgment shall be granted if the record, including pleadings and depositions, demonstrates that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Pa.R.C.P. Rule 1035(b), 42 Pa.C.S. §1035(b). Upon motion for summary judgment, the court must review the record in the light most favorable to the non-moving party, accepting all of the non-moving party’s well-pleaded allegations as true and resolving any doubts as to the existence of a genuine issue of fact against the moving party. See [290]*290Penn Center House, Inc. v. Hoffman, 520 Pa. 171, 553 A.2d 900 (1989); Goldberg v. Delta Tau Delta, 418 Pa. Super. 207, 211, 613 A.2d 1250, 1252 (1992).

Applying those principles, the record indicates that on May 15, 1988 defendant, Bradley Kopp, led local police from West Manchester Township, Springettsbury Township, and York City in a car chase after Officer William Smith signaled for Bradley Kopp to stop the car. The police followed Bradley Kopp to 1319 Ridgewood Road, York, Pennsylvania where he resided with his parents. There, Bradley Kopp confronted police with a handgun. Plaintiff, a Springettsbury Township police officer, was among the officers crouched behind police cars for cover. Shortly after plaintiff arrived, Bradley Kopp discharged his gun two or three times in the direction of the police, wounding plaintiff. (Motion for summary judgment, exhibit A, pp. 59 and 63.)

Plaintiff filed a complaint on April 3, 1990 and an amended complaint on October 19, 1990. Counts II and III allege negligence against Burnell and Crystal Kopp, respectively. Plaintiff’s complaint avers Burnell and Crystal Kopp stood near their son after he and the police arrived and ignored police orders to leave the area. Plaintff alleges the following acts of negligence: failing to obey police officers in an emergency situation; exacerbating the situation; disregarding the rights and safety of another; endangering the life of another; failing to provide a safe atmosphere for persons lawfully on the premises; failing to heed the warnings of police; failing to properly supervise the conduct of another while on his property causing an unreasonable risk of harm; and aiding and acting in concert with the other defendants against the police. (Complaint, pp. 5-7.)

[291]*291In a separate action, Allstate Insurance Company commenced a declaratory judgment action to determine its rights and responsibilities to the Kopps under the terms of a homeowner’s policy. Allstate seeks a declaration that coverage is excluded for liability arising out of the Kopp’s conduct on May 15, 1988.

Burnell and Crystal Kopp filed an answer to the amended complaint on November 14,1991. The instant motion for summary judgment was filed on May 4, 1993.

The parties have deposed several witnesses to the events of May 15, 1988, portions of which have been entered in the record for the purposes of this motion. Burnell and Crystal Kopp argue that the testimony does not establish sufficient facts to show that their actions were the proximate cause of plaintiff’s injuries.

The proximate or legal cause is the wrongful or negligent act which was a substantial factor in producing plaintiff’s injury. Dudley v. USX Corporation, 414 Pa. Super. 160, 174, 606 A.2d 916, 923 (1992), citing Restatement (Second) of Torts, §431 (1965). “The determination of the issue simply involves the making of a judgment as to whether the defendant’s conduct although a cause.in the ‘but for’ sense is so insignificant that no ordinary mind would think of it as a cause for which a defendant should be held responsible.” Ford v. Jeffries, 474 Pa. 588, 594-95, 379 A.2d 111, 114 (1977).

Whether defendant’s conduct was a substantial factor is an issue reserved for the jury, unless the jury could not reasonably disagree as to the result. Id., citing Restatement (Second) Torts, §434(l)(a)(1981). Thus, a court may decide a question of proximate cause as a matter of law and policy where the defendant’s conduct is so far-removed from the injury complained of that [292]*292the just and proper resolution is not subject to dispute. See Alumni Association v. Sullivan, 369 Pa. Super. 596, 535 A.2d 1095 (1987); Novak v. Jeannette District Memorial Hospital, 410 Pa. Super. 603, 600 A.2d 616 (1991); Bell v. Irace, 422 Pa. Super. 298, 619 A.2d 365 (1993).

The following considerations are important in determining whether defendant’s conduct was a substantial factor:

“(a) the number of other factors which contribute in producing the harm and the extent of the effect which they have in producing it;
“(b) whether the actor’s conduct has created a force or series of forces which are in continuous and active operation up to the time of the harm, or has created a situation harmless unless acted upon by other forces for which the actor is not responsible;
“(c) lapse of time.

Wisniewski v. Great Atlantic and Pacific Tea Co., 226 Pa. Super. 574, 323 A.2d 744, 748 (1974) (citing Restatement (Second) of Torts, §433 (1965).

With these principles in mind, we note the following testimony:

To plaintiff:

“Q. The time you were there, did you ever see Burnell Kopp with a weapon?
“A. No.
“Q. Did you ever see Crystal Kopp with a weapon?
“A. No I did not.
“Q. Did either Burnell or Crystal Kopp encourage Bradley Kopp to shoot his weapon at any police officer?
“A. I wouldn’t say encouraged it, no. I didn’t hear him say shoot anybody....
[293]*293“Q. Did you hear Burnell Kopp say anything other than get the fuck off my property, get out of here?...
“A. I do not know. There was so much commotion that I remember that. But what else took place, I don’t recall.
“Q. Tell me what, if anything, you remember about Burnell Kopp there.
“A. He was in front of the son.
“Q. When you say in front of the son, standing in front of his son?
“A. To the side, in front of him, waving his arms, hollering....
“Q.

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

Related

Ford v. Jeffries
379 A.2d 111 (Supreme Court of Pennsylvania, 1977)
Novak v. Jeannette District Memorial Hospital
600 A.2d 616 (Superior Court of Pennsylvania, 1991)
Wisniewski v. GREAT A. & P. TEA. CO.
323 A.2d 744 (Superior Court of Pennsylvania, 1974)
Penn Center House, Inc. v. Hoffman
553 A.2d 900 (Supreme Court of Pennsylvania, 1989)
Alumni Ass'n, Delta Zeta Zeta of Lambda Chi Alpha Fraternity v. Sullivan
535 A.2d 1095 (Supreme Court of Pennsylvania, 1987)
Mike v. Borough of Aliquippa
421 A.2d 251 (Superior Court of Pennsylvania, 1980)
Bell v. Irace
619 A.2d 365 (Superior Court of Pennsylvania, 1993)
Chacko v. Com., Dept. of Transp.
611 A.2d 1346 (Commonwealth Court of Pennsylvania, 1992)
Goldberg v. Delta Tau Delta
613 A.2d 1250 (Superior Court of Pennsylvania, 1992)
Dudley v. USX Corp.
606 A.2d 916 (Superior Court of Pennsylvania, 1992)
Wisniewski v. Great Atlantic & Pacific Tea Co.
226 Pa. Super. 574 (Superior Court of Pennsylvania, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
20 Pa. D. & C.4th 289, 1993 Pa. Dist. & Cnty. Dec. LEXIS 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-kopp-pactcomplyork-1993.