Wilson v. Ridgway Area School District

596 A.2d 1161, 141 Pa. Commw. 607, 1991 Pa. Commw. LEXIS 444
CourtCommonwealth Court of Pennsylvania
DecidedAugust 8, 1991
Docket266 C.D. 1991 and 299 C.D. 1991
StatusPublished
Cited by25 cases

This text of 596 A.2d 1161 (Wilson v. Ridgway Area School District) is published on Counsel Stack Legal Research, covering Commonwealth 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. Ridgway Area School District, 596 A.2d 1161, 141 Pa. Commw. 607, 1991 Pa. Commw. LEXIS 444 (Pa. Ct. App. 1991).

Opinions

[609]*609PALLADINO, Judge.

John B. Wilson, Linda L. Wilson and Jason P. Wilson (Jason) (collectively, Wilsons)1 and Rockwell International Corporation t/d/b/a/ Rockwell Manufacturing Company (Rockwell)2 appeal an order of the Court of Common Pleas of the Fifty-Ninth Judicial District, which granted the motion for summary judgment of Ridgway Area School District (District) in a personal injury action.

While operating a table saw (saw) located in the wood shop of a District high school, Jason severely lacerated his right hand, severing his right index and middle fingers. Wilsons filed a complaint against District alleging that District had exclusive care, custody and control of the saw,3 that the saw was placed in the wood shop by District intending it to be a permanent improvement,4 that the saw was an integral part of the real estate and essential to the conduct of the wood shop class,5 and that District maintained the saw in a defective condition because it lacked a guard enclosing the cutting blade.6 Wilsons requested damages for both Jason and themselves.7

District filed an answer and new matter, raising the affirmative defenses of contributory negligence, assumption of risk, and governmental immunity.8 Wilsons replied [610]*610to District’s new matter, denying the allegation of Jason’s negligence and assumption of risk. Wilsons also asserted that the complaint fell within the real property exception to governmental immunity.

District filed a praecipe for writ to join Rockwell as an additional defendant. Following some initial discovery, upon leave of court, Wilsons amended their complaint adding Rockwell as an additional defendant. The amendment added two claims against Rockwell based on negligence and strict liability.

Thereafter, Rockwell filed an answer and new matter, raising the defenses of contributory negligence, assumption of risk, and statute of limitations. Wilsons responded asserting that Jason had acted in a reasonable, prudent and non-negligent manner and that the action was brought within the period of the applicable statute of limitation.9

Thereafter, District filed a motion for summary judgment contending that as a matter of law it was immune from suit under 42 Pa.C.S. § 8541 and that Wilsons’ action did not fall within one of the enumerated exceptions of 42 Pa.C.S. § 8542. In this motion, District also asserted that it was immune based on Crowell v. City of Philadelphia, 131 Pa.Commonwealth Ct. 418, 570 A.2d 626 (1990).10 Wilsons filed a response to this motion contending that its action falls within the real estate exception to immunity because the saw was part of the realty. Wilsons also contended that Crowell did not control.

Thereafter, both District and Rockwell petitioned the trial court for leave to amend their respective answers and new matters to add the defense that the action was time barred [611]*611by the statute of repose.11 Rockwell also filed a motion for summary judgment, and District filed a supplemental motion for summary judgment adding a defense under the statute of repose. The trial court heard argument on the petitions for leave to amend and on the motions for summary judgment and issued one opinion and order as to District and one as to Rockwell. Only the decision as to the District will be addressed in this opinion.12

The trial court concluded that District was not entitled to summary judgment based on Crowell. The trial court identified the next issue as whether the alleged defect in the saw fell within the real property exception to immunity. 42 Pa.C.S. § 8542(b)(3). Specifically, the trial court crystalized the issue as whether the saw was realty or personalty. The trial court concluded the saw was personalty and held that Wilsons failed to state a claim within the real property exception to immunity and granted summary judgment. Having granted summary judgment on this basis, the trial court chose not to rule on District’s petition to amend its answer and new matter. Wilsons and Rockwell separately appealed this decision to this court, which consolidated the appeals.

On appeal,13 Wilsons and Rockwell raise the following issues: (1) whether District’s intent to treat the saw as a fixture or personalty presented a question of law or a [612]*612disputed question of fact; (2) whether the trial court incorrectly applied the Canon-McMillan14 distinction between realty and personalty; and (3) whether the “Assembled Industrial Plan Doctrine” should have been used to decide whether the saw was personalty or realty.

As to the first issue, Wilsons seek to limit the holding of Canon-McMillan III. In Canon-McMillan III, we decided, as a matter of law, that a lathe in a high school wood shop was personalty, not realty. Wilsons assert that in Canon-McMillan III there was no evidence that Canon-McMillan intended the lathe to be realty, and consequently only a legal burden of proof issue was present. Wilsons argue that Canon-McMillan III does not stand for the proposition that intent is a question of law.

We note, as did the trial court, the similarities of this case to Canon-McMillan III. Both cases involve an accident involving a wood working machine in a high school wood shop. Both machines had substantial weight and neither was attached to the floor. Both machines were only physically connected to the real estate by their electric cords. Both machines were occasionally moved for cleaning purposes.

Our decision in Canon-McMillan III, like the present case, required consideration of whether a machine was realty or personalty. We stated the well-established test:

Chattels used in connection with real estate are of three classes: First, those which are manifestly furniture, as distinguished from improvements, and not peculiarly fitted to the property with which they are used; these always remain personalty____ Second, those which are [613]*613so annexed to the property, that they cannot be removed without material injury to the real estate or to themselves; these are realty____ Third, those which although physically connected with the real estate, are so affixed as to be removable without destroying or materially injuring the chattels themselves, or the property to which they are annexed; these become part of the realty or remain personalty, depending on the intention of the parties at the time of annexation____ Canon-McMillan III, 127 Pa.Commonwealth Ct. at 320-321, 561 A.2d at 854 (quoting Clayton v. Lienhard, 312 Pa. 433, 436-37, 167 A. 321, 322 (1933)).

We concluded that the machine in Canon-McMillan III fell within the third class. We then considered Canon-McMillan’s manifest conduct15 as to the use of the lathe and held that as a matter of law the lathe was personalty. We reiterate for the purpose of clarity, that when property falls within the third class described in Clayton,

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

Related

Flood v. Silfies
933 A.2d 1072 (Commonwealth Court of Pennsylvania, 2007)
LoFurno v. Garnet Valley School District
904 A.2d 980 (Commonwealth Court of Pennsylvania, 2006)
Wells v. Harrisburg Area School District
884 A.2d 946 (Commonwealth Court of Pennsylvania, 2005)
Blocker v. City of Philadelphia
729 A.2d 187 (Commonwealth Court of Pennsylvania, 1999)
Pettineo v. City of Philadelphia Law Department-Claims Division
721 A.2d 65 (Commonwealth Court of Pennsylvania, 1998)
Sovich v. Shaughnessy
705 A.2d 942 (Commonwealth Court of Pennsylvania, 1998)
Arnoul v. Wallenpaupack School District Board of Directors
37 Pa. D. & C.4th 32 (Pike County Court of Common Pleas, 1997)
Janes v. Central Montgomery County Area Vocational Technical School
28 Pa. D. & C.4th 490 (Montgomery County Court of Common Pleas, 1995)
In re Appeal of Sheetz, Inc.
657 A.2d 1011 (Commonwealth Court of Pennsylvania, 1995)
Berhane v. Southeastern Pennsylvania Transportation Authority
646 A.2d 1268 (Commonwealth Court of Pennsylvania, 1994)
Mason & Dixon Lines, Inc. v. Mognet
645 A.2d 1370 (Commonwealth Court of Pennsylvania, 1994)
Morning Call, Inc. v. Board of School Directors of Southern Lehigh School District
642 A.2d 619 (Commonwealth Court of Pennsylvania, 1994)
Byard v. Philadelphia Housing Authority
629 A.2d 283 (Commonwealth Court of Pennsylvania, 1993)
Babcock v. Com., Dept. of Transp.
626 A.2d 672 (Commonwealth Court of Pennsylvania, 1993)
Hicks v. Southeastern Pennsylvania Transportation Authority
624 A.2d 690 (Commonwealth Court of Pennsylvania, 1993)
Noll v. Paddock Pool Builders, Inc.
611 A.2d 219 (Superior Court of Pennsylvania, 1992)
Downing v. Philadelphia Housing Authority
610 A.2d 535 (Commonwealth Court of Pennsylvania, 1992)
Wilson v. Ridgway Area School District
596 A.2d 1166 (Commonwealth Court of Pennsylvania, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
596 A.2d 1161, 141 Pa. Commw. 607, 1991 Pa. Commw. LEXIS 444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-ridgway-area-school-district-pacommwct-1991.