Wilson v. Anderson

616 A.2d 34, 420 Pa. Super. 169, 1992 Pa. Super. LEXIS 3899
CourtSuperior Court of Pennsylvania
DecidedNovember 16, 1992
Docket1339
StatusPublished
Cited by21 cases

This text of 616 A.2d 34 (Wilson v. Anderson) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson v. Anderson, 616 A.2d 34, 420 Pa. Super. 169, 1992 Pa. Super. LEXIS 3899 (Pa. Ct. App. 1992).

Opinions

WIEAND, Judge:

In this appeal from the judgment entered on a defense verdict, the plaintiff contends that the trial court committed error when, sua sponte, it examined him about his failure to use a seat belt and thereafter gave prejudicial instructions regarding such failure. We are constrained to agree. Therefore, we reverse and remand for a new trial.

On March 27, 1986, a vehicle driven by Rupert G. Wilson collided with a truck owned by Philadelphia Newspapers, Inc. and driven by John Anderson at 22nd Street and Lehigh Avenue in Philadelphia. Wilson sued for personal injuries allegedly caused by the accident. He testified at trial that while he was edging around a stopped bus, the Anderson truck passed him from behind and struck the left front bumper of [171]*171his vehicle. Anderson testified, however, that while he was moving in his lane, Wilson’s vehicle suddenly and without warning left its lane in such a manner that the Wilson vehicle scraped the right rear side of the truck. The jury returned a verdict in favor of the defendants. A motion for new trial was denied, and judgment was entered on the verdict.

In reviewing an order denying a new trial, that order will not be disturbed unless the trial court committed a clear abuse of discretion or error of law which may have affected the outcome of the case. Cashdollar v. Mercy Hosp., 406 Pa.Super. 606, 614, 595 A.2d 70, 74 (1991); Eck v. Powermatic Houdaille, 364 Pa.Super. 178, 188, 527 A.2d 1012, 1017 (1987); Robinson v. City of Philadelphia, 329 Pa.Super. 139, 144, 478 A.2d 1, 3 (1984).

By statute in Pennsylvania, the driver of a vehicle is required to “wear a properly adjusted and fastened safety seat belt system.” 75 Pa.C.S. § 4581(a)(2). Another subsection of the same statute, however, provides: “In no event shall a violation or alleged violation of this subchapter be used as evidence in a trial of any civil action; nor shall any jury in a civil action be instructed that any conduct did constitute or could be interpreted by them to constitute a violation of this subchapter....” 75 Pa.C.S. § 4581(e).

In the instant case, the seat belt issue was introduced by the trial court when it sua sponte examined the husband-plaintiff as follows:

THE COURT: ... Did you have a shoulder strap on?
THE WITNESS: I used it for a few weeks.
THE COURT: But did you have it on this day?
THE WITNESS: No, I did not.
MR. ROSENBERG [plaintiff-appellants’ counsel]: Your Honor, may we have a sidebar, please?
THE COURT: Objection denied and your other motion is denied.
MR. ROSENBERG: Thank you, your Honor.
THE COURT: (Addressing the witness) Will you take a look at this, and you have a shoulder strap there, don’t you? You have a shoulder strap?
[172]*172THE WITNESS: If I may ask, what are you referring to? THE COURT: Right here.
THE WITNESS: Oh, you are talking about the—
THE COURT: The shoulder strap.
THE WITNESS: There is one in the car, yes.
THE COURT: There is one in the car. All right, thank you.

Later, the trial court instructed the jury as follows:

What is negligence? The legal term negligence, otherwise known as carelessness is the absence of ordinary care, which a reasonably prudent person would exercise in the circumstances here presented. Negligent conduct may consist either of an act or an ommission [sic] to act when there is a duty to do so. In other words, negligence is a failure to do something which a reasonably careful person would do or the doing of something, which a reasonably careful person would not do in light of all the surrounding circumstances established by the evidence in this case. It is for you to determine how a reasonably careful person would act under the circumstances.
Ladies and gentlemen, the plaintiff had a shoulder strap in his car. You can see it from the photograph, but the plaintiff did not use the shoulder strap.
MR. ROSENBERG [plaintiff-appellants’ counsel]: Your Honor, I’ll have to object. Excuse me, I have to object to this.
THE COURT: Just a minute.
MR. ROSENBERG: Thank you, your Honor.
THE COURT: Mr. Rosenberg, I’ll take notice of your objection, but you will have to hear what I have to say.
The law says that you should wear your shoulder strap, but the law goes further and says that in a civil action you cannot consider the failure or lack of using your shoulder strap. It says that in the very book that I have.
In no event shall a violation or alleged violation of this subchapter be used as evidence in a trial of any civil [173]*173action. So I have to instruct you that no matter what the act says on this side of the page, this side of the page says you cannot consider it. So that is what I am telling you.

The trial court’s injection of the seat belt issue was in direct violation of the statute. Unfortunately, the court’s jury instructions compounded the error. Immediately after correctly defining negligence and telling the jury that it should determine “how a reasonably careful person would act under the circumstances,” the court reminded the jury that the plaintiff had a shoulder strap in the car which he did not use. Later, the court repeated the statutory requirement that the plaintiff wear a shoulder strap, but then, for the first time, told the jury “that in a civil action you cannot consider the failure or lack of using your shoulder strap. It says that in the very book that I have.”

This, at best, was confusing to the jury. At worst, it was clear error and a violation of the statute. The failure of the plaintiff to wear a seat belt was not for the jury to hear. After the court had improperly injected the seat belt issue and then told the jury that the law required the plaintiff to wear a seat belt, it was both too late and too little to tell the jury that the law says that the failure to wear a seat belt cannot be considered in a civil action.

It is correct, as the defendant-appellees argue, that an appellate court must review the trial court’s jury instructions in their entirety and that error will not be founded upon an isolated excerpt taken out of context. Cashdollar v. Mercy Hosp., 406 Pa.Super. 606, 614, 595 A.2d 70, 74 (1991); Noble C. Quandel Co. v. Slough Flooring, Inc., 384 Pa.Super. 236, 240, 558 A.2d 99, 101 (1989). It is also true that a trial judge has wide latitude in his or her choice of language when charging a jury, provided always that the court fully and adequately conveys the applicable law.

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

Related

Niki D' Atri Enterprises, Inc. v. Com. of PA, DOT
Commonwealth Court of Pennsylvania, 2023
Solo, R. & L. v. Polit, S.
Superior Court of Pennsylvania, 2017
Donald Dwayne Whatley v. State of Alabama.
146 So. 3d 437 (Court of Criminal Appeals of Alabama, 2010)
Gaudio v. Ford Motor Co.
976 A.2d 524 (Superior Court of Pennsylvania, 2009)
Verba v. Eltringham
78 Pa. D. & C.4th 383 (Lehigh County Court of Common Pleas, 2005)
Marsico v. Dibileo
796 A.2d 997 (Superior Court of Pennsylvania, 2002)
Hall v. Jackson
788 A.2d 390 (Superior Court of Pennsylvania, 2001)
Hackett v. Mac & Sam Inc.
54 Pa. D. & C.4th 569 (Delaware County Court of Common Pleas, 2001)
Vrocher v. State
813 So. 2d 799 (Court of Criminal Appeals of Alabama, 2001)
Krasevic v. Goodwill Industries of Central Pennsylvania, Inc.
764 A.2d 561 (Superior Court of Pennsylvania, 2000)
Ragland v. Gray
49 Pa. D. & C.4th 556 (Philadelphia County Court of Common Pleas, 2000)
Smith v. State
797 So. 2d 503 (Court of Criminal Appeals of Alabama, 2000)
McCarthy v. SEPTA
44 Pa. D. & C.4th 358 (Philadelphia County Court of Common Pleas, 2000)
Birth Center v. St. Paul Companies, Inc.
727 A.2d 1144 (Superior Court of Pennsylvania, 1999)
Wagner v. Anzon, Inc.
684 A.2d 570 (Superior Court of Pennsylvania, 1996)
Empire Properties, Inc. v. Equireal, Inc.
674 A.2d 297 (Superior Court of Pennsylvania, 1996)
Arnold v. Davis
32 Pa. D. & C.4th 253 (Pike County Court of Common Pleas, 1996)
Sprague v. Walter
656 A.2d 890 (Superior Court of Pennsylvania, 1995)
Morris v. Lindsay
23 Pa. D. & C.4th 116 (Delaware County Court of Common Pleas, 1995)
Wilson v. Anderson
616 A.2d 34 (Superior Court of Pennsylvania, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
616 A.2d 34, 420 Pa. Super. 169, 1992 Pa. Super. LEXIS 3899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-anderson-pasuperct-1992.