Wood v. Smith

495 A.2d 601, 343 Pa. Super. 547, 1985 Pa. Super. LEXIS 9436
CourtSupreme Court of Pennsylvania
DecidedJune 28, 1985
Docket2740
StatusPublished
Cited by38 cases

This text of 495 A.2d 601 (Wood v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wood v. Smith, 495 A.2d 601, 343 Pa. Super. 547, 1985 Pa. Super. LEXIS 9436 (Pa. 1985).

Opinions

CERCONE, Judge:

This appeal arises from an Order of the Court of Common Pleas of Bucks County, sitting en banc, denying appellant’s (plaintiff below) motion for a new trial. The case arose from an unfortunate mishap wherein the plaintiff’s decedent fell off a scaffolding which had been erected outside of his house by the defendants with whom he had contracted to do masonry work on his home. The executor of the deceased’s estate (“appellant”) commenced actions in tres[550]*550pass for wrongful death and survival against the defendants. The case was tried before a jury. The jury found the decedent to be comparatively negligent and assessed that negligence at fifty percent (50%). The jury awarded damages in the amount of $10,000 in the wrongful death action and found no damages in the survival action. The court molded the verdict into an award in favor of the plaintiff in the amount of $5,000.00.

The appellant raises several issues in this appeal. They are (1) the jury’s award of $10,000 in wrongful death damages was inadequate; (2) the trial court erroneously charged on wrongful death damages; (3) the trial court erred in refusing plaintiff’s request to offer rebuttal evidence on the issue of the decedent’s contributing negligence; (4) the trial court erred by refusing to explain decedent’s right and duty as a landowner to inspect the work of his independent contractors; and (5) the lower court erred in refusing to adequately define the concept of negligence.

In passing upon the propriety of the refusal of a new trial, our inquiry is whether the court below abused its discretion or committed an error of law which controlled the outcome of the case. Abbott v. Steel City Piping Co., 437 Pa. 412, 263 A.2d 881 (1970). We will look to the charge in its entirety, against the background of evidence in the case, in order to determine whether an error was committed and whether any prejudice resulted. Jacob Kline Cooperage, Inc. v. Kistler, Inc., 286 Pa.Super.Ct. 84, 89, 428 A.2d 583, 586 (1981).

The primary duty of a trial judge in charging a jury is to clarify the issues so that the jury may comprehend the questions they are to decide. The instructions must give the jury a reasonable guide for the determination of the question of the defendant’s or plaintiff’s alleged negligence and on the degree of care or duty to inspect required by any person. The jury cannot determine wheth[551]*551er a party is guilty of negligence or contributory negligence without knowing the degree of care required of that party. See, generally, Crotty v. Reading Industries, 237 Pa.Super.Ct. 1, 345 A.2d 259 (1975).

The appellant argues that the trial court erred in its instructions to the jury on the concept of negligence generally. Specifically, appellant argues that the trial court erred by refusing to explain the decedent’s right and duty as a landowner to inspect the work of his independent contractors and by refusing to explain the legal significance of government and industry standards which had been testified to during the trial.

We look first to instructions on government and industry standards. The defendants submitted evidence that the scaffolding had been constructed by such methods as are generally used in the trade. The plaintiff submitted evidence that the scaffold did not comport with Occupational Health and Safety Act (“OSHA”) and American National Standards Institute (“ANSI”) standards pertaining to scaffolding. All of this evidence was properly admitted. In Brogley v. Chambersburg Engineering Co., 306 Pa.Super.Ct. 316, 452 A.2d 743 (1982), we held that evidence of OSHA regulations is admissible as a standard of care, the violation of which is evidence of negligence. See, also, Restatement (Second) of Torts § 286; and, 27 P.L.E. § 175, Violation of Statute or Ordinance: “Proof of the violation of a statute or ordinance is permissible, not as conclusive proof of negligence, but as evidence to be considered with all other evidence in the case.” Accord: Riegert v. Thackery, 212 Pa. 86, 61 A. 614 (1905) (The Supreme Court recognized that the jury could be instructed on the weight to be given municipal ordinances in a negligence case.)

The specific question to be discussed here is whether, or to what extent, the trial court was required to instruct the jury on the relevance of such standards to the [552]*552issue of negligence. The trial court’s instructions which most directly related to this issue were as follows:

Therefore, in determining whether the defendants were negligent, the test would be whether they exercised such care in the erection and maintenance of the scaffold as an ordinary prudent and careful person would have exercised in the same situation and under the same circumstances.

We find that in the context of the entire charge and in view of the fact that the jurors were presented with two standards of conduct, the above quoted charge is an insufficient explanation of the degree of care required by the defendants.1 Without further explanation, the jury may very reasonably have assumed that since the defendants were not required by law to adhere to the OSHA or ANSI standard, their failure to do so was irrelevant. As it reads, the charge seems to indicate that the defendants’ conduct need only be measured against that generally used in the trade and not against the more stringent OSHA and ANSI standards. The customary method of performing work could be a negligent method despite the fact that it was in general use in the trade and could, if the evidence warrant[553]*553ed it, be found so by the jury.2 See DeMarco v. Frommyer Brick Co., 203 Pa.Super.Ct. 486, 492, 201 A.2d 234 (1964).

Where a charge is generally accurate, but misleads the jurors on a critical issue, a new trial should be granted. Hamil v. Bashline, 481 Pa. 256, 275, 392 A.2d 1280, 1289 (1978). See also, Leopold v. Davies, 246 Pa.Super.Ct. 176, 369 A.2d 868 (1977). The charge as previously quoted was not inaccurate. It was, however, incomplete and misleading when reviewed in the totality of the circumstances. The issue of the defendants’ negligent construction of the scaffolding is central to this case. Because of the trial court’s error in charging on this issue, and on other issues to be discussed, we must remand for a new trial.

The appellants’ next charge of error is that the trial court refused to instruct the jury on the decedent’s duty, as a landowner, to inspect the work of contractors on his land. Such a duty may have made the decedent’s presence on the scaffolding either lawful or, at the least, foreseeable to the defendants and thus increased their duty of care to protect him from their own acts of negligence. The trial court’s instructions to the jury on the issue of the defendant’s duty of care to the decedent provided, inter alia:

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

Related

D'Amico, J. v. Covanta Holding Corp.
Superior Court of Pennsylvania, 2024
E. Pennock v. Kennett Consolidated S. D.
Commonwealth Court of Pennsylvania, 2022
Loomis, J. v. Bomba, M., Bomba, G. and Farber, W.
Superior Court of Pennsylvania, 2021
Kovacevich v. Regional Produce Cooperative Corp.
172 A.3d 80 (Superior Court of Pennsylvania, 2017)
Antilles School, Inc. v. Lembach
64 V.I. 400 (Supreme Court of The Virgin Islands, 2016)
Frantz v. HCR Manor Care Inc.
64 Pa. D. & C.4th 457 (Schuylkill County Court of Common Pleas, 2003)
Divittorio v. United States
63 F. App'x 604 (Third Circuit, 2003)
Export Boxing & Crating Inc. v. Tech Met
62 Pa. D. & C.4th 45 (Alleghany County Court of Common Pleas, 2003)
Com., Dept. of Transp. v. Patton
686 A.2d 1302 (Supreme Court of Pennsylvania, 1997)
Trude v. Martin
660 A.2d 626 (Superior Court of Pennsylvania, 1995)
General Equipment Manufacturers v. Westfield Insurance
635 A.2d 173 (Superior Court of Pennsylvania, 1993)
Thoma v. Kettler Bros., Inc.
632 A.2d 725 (District of Columbia Court of Appeals, 1993)
Lee v. Pittsburgh Corning Corp.
616 A.2d 1045 (Superior Court of Pennsylvania, 1992)
Linde Enterprises, Inc. v. Hazelton City Authority
602 A.2d 897 (Superior Court of Pennsylvania, 1992)
Ruffing v. 84 Lumber Co.
600 A.2d 545 (Superior Court of Pennsylvania, 1991)
Summit Fasteners, Inc. v. Harleysville National Bank & Trust Co.
599 A.2d 203 (Superior Court of Pennsylvania, 1991)
Cashdollar v. Mercy Hospital
595 A.2d 70 (Superior Court of Pennsylvania, 1991)
Kabo v. UAL, INC.
762 F. Supp. 1190 (E.D. Pennsylvania, 1991)
Lundell v. Czajkowski
6 Pa. D. & C.4th 40 (Erie County Court Common Pleas, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
495 A.2d 601, 343 Pa. Super. 547, 1985 Pa. Super. LEXIS 9436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-smith-pa-1985.