Miller v. Delaware County Memorial Hospital
Miller v. Delaware County Memorial Hospital
Opinion of the Court
Opinion by
Plaintiff testified that while lying in bed she “reached for my poeketbook on the table . . . and I took hold of the rail for support, and down it went and I with it.” Both the attending nurse and her superior testified that the rail had been properly secured prior to the fall.
The jury returned a verdict for defendant, and, after plaintiff’s motion for a new trial had been dismissed, judgment was entered on the verdict and from this judgment plaintiff took this appeal.
Plaintiff-appellant alleges two grounds for a new trial, both of which are devoid of merit.
Plaintiff does not contend and could not successfully contend that defendant is an insurer. Instead, plaintiff relies expressly upon the doctrine of exclusive control and impliedly on the doctrine of res ipsa loquitur. Neither is applicable.
In Engle v. Spino, 425 Pa. 254, 228 A. 2d 745, the Court pertinently said (page 257): “‘The mere happening of an accident . . . does not establish negligence nor raise an inference or a presumption of negligence nor make out a prima facie case of negligence: [citing 7 supporting decisions of this Court].’ ” The Court further stated (page 257) : “ ‘The law is likewise clear
The leading case on the doctrine of exclusive control in Pennsylvania is Izzi v. Philadelphia Transportation Co., 412 Pa. 559, 195 A. 2d 784. In that case, plaintiff, who was a guest in an automobile which was following defendant’s trackless trolley, contended that his injuries were due to a flash caused by a detached overhead pole on defendant’s trolley. The Court rejected the application of the exclusive control doctrine* and after analyzing many prior decisions said (pages 564-566) :
“Exclusive Control.
“Plaintiff contended and the Court below held that under the aforesaid facts and circumstances the doctrine of exclusive control applied, and the question of P.T.C.’s negligence was therefore and thereunder a question for the jury. This was error. Neither res ipsa loquitur nor the doctrine of exclusive control applies : [citing 13 prior decisions of this Court].
“The doctrine of exclusive control appears to be widely misunderstood. Eooclusive control alone
Judgment affirmed.
Italics in Original Opinion.
[Footnotes in Original Opinion']
“** Even when an automobile is driven off the road on a curve and into a creek and its driver is killed and the plaintiff passen
“* Staller v. Philadelphia Rapid Transit Company, 339 Pa. 100, 14 A. 2d 289; Cutler v. Philadelphia Rapid Transit Company, 319 Pa. 351, 179 Atl. 434.
“** Dobrowolski v. Pennsylvania Railroad Company, 319 Pa. 235, 178 Atl. 488; Philadelphia and Reading Railroad Company v. Hummell, 44 Pa. 375; Stewart v. Morrow, 403 Pa., supra; cf. also, Haddon v. Lotito, 399 Pa. 521, 161 A. 2d 160; Novak v. Neff, 399 Pa. 193, 159 A. 2d 707; Davies v. McDowell National Bank, 407 Pa., supra.
“*** Rennekamp v. Blair, 375 Pa. 620, 101 A. 2d 669.”
Italics in Original Opinion.
In order to satisfy this requirement tlie cases have held that plaintiff must prove that defendant had both exclusive control of the injuring agency and exclusive management over the circumstances of the accident: Izzi v. P. T. Co., 412 Pa. 559, 195 A. 2d 784; Saldukas v. McKerns, 340 Pa. 113, 115, 16 A. 2d 30; Annett v. American Stores Company, 333 Pa. 589, 591-592, 5 A. 2d 97; Silverman v. Oil City Glass Bottle Co., 203 Pa. Superior Ct. 400, 402, 199 A. 2d 509; Drill v. Genetti, 200 Pa. Superior Ct. 471, 190 A. 2d 185; Anno., 169 A.L.R. 953; Harper and James, The Law of Torts, §19.7; Prosser, Law of Torts, §42; 65A O.J.S., §220.10 et seq.
Dissenting Opinion
Dissenting Opinion by
I dissent in this case. Since the decision is more or less based on a factual situation, I will not enter into a discussion of the merits. However, I would like to say that the Majority Opinion has elevated to an almost unreachable height the doctrine of exclusive control. It comes close to nullifying entirely that excellent principle of law.
The illustrations enumerated in the Majority Opinion are disturbing. For instance, the Majority says that if “ ‘a pole has become dislodged from a standard trolley and with or without an electric flash injures a person,’ ” the application of exclusive control does not apply, even though admittedly the trolley was in the exclusive control of the operating company. To require the injured person in such a case to prove by a preponderance of the evidence that the defendant was negligent in a specific manner would be effectually to deprive him of justice, for it places on him a burden beyond his capacity to meet.
If I am walking on a sidewalk, concerned only with reaching my destination, and an automobile suddenly invades the pedestrian’s lane of travel and strikes me down, why should I have to prove that the driver was negligent? The thing speaks for itself. The motorist could not possibly have been exercising due care and yet allow his car to leave the highway, climb the curb and bowl over pedestrians without even a warning toot. Of course, the driver would have the opportunity to show in any ensuing lawsuit that a factual situation beyond his capacity to cope with, caused the accident, but it is the driver in such a situation who should have the burden of proving nonnegligence, not I who am
Reference
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- Miller, Appellant, v. Delaware County Memorial Hospital
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- Published