National Union Fire Insurance v. Gateway Motels, Inc.
National Union Fire Insurance v. Gateway Motels, Inc.
Opinion of the Court
ORDER
The Petition for Allowance of Appeal is GRANTED. The Superior Court reversed the jury’s finding that appellee Gateway Motels, Inc. (“Gateway’) was liable to appellant National Union Fire Insurance Co. (“appellant”) for breach of contract due to its belief that the improper introduction of negligence claims after the close of evidence by Gateway against appellees/third-party defendants Kenneth O’Brien and the Andrew F. Rodgers Insurance Co. (collectively “O’Brien”) prejudiced not only O’Brien, but also tainted appellant’s verdict against Gateway on appellant’s breach of contract claim. However, Gateway itself never sought to upset the jury’s determination that it was liable to appellant on the breach of contract claim. Rather, Gateway only sought post-trial relief in the form of a reformation of the verdict to reflect primary liability or liability over for O’Brien. Under Pa. R. Civ. P. 227.1, post-trial relief may not be granted unless the grounds therefore:
(1) if then available, were raised in pre-trial proceedings or by motion, objection, point for charge, request for findings of fact or conclusions of law, offer of proof or other appropriate method at trial; and (2) are specified in the motion. The motion shall state how the grounds were asserted in pre-trial proceedings or at trial. Grounds not specified are deemed waived unless leave is granted upon cause shown to specify additional grounds.
In light of Gateway’s acquiescence in the jury’s verdict of liability on appellant’s claim, the Superior Court erred in determining sua sponte that relief from this verdict was warranted. The Superior Court failed to adequately explain its departure from Rule 227.1 merely by stating its “belief’ that the verdict against Gateway was tainted as a result of the introduction of negligence claims against O’Brien (claims that were wholly distinct from the breach of contract claim between petitioner and Gateway), particularly where Gateway itself introduced the negligence claims against the third-party defendants. Thus, the order of the Superior Court at No. 769 Pittsburgh 1996, reversing the trial court’s entry of judgment for petitioner against Gateway, is REVERSED. This matter is remanded for a retrial of Gateway’s third-party complaint against O’Brien, pursuant to the Superior Court’s order at No. 797 Pittsburgh 1996.
Concurring in Part
concurring and dissenting.
I concur in the order insofar as it grants the Petition for Allowance of Appeal. I dissent from the order insofar as it summarily reverses the order of the Superior Court.
Reference
- Full Case Name
- NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH v. GATEWAY MOTELS, INC., T/A Howard Johnson Motels v. Kenneth O’BRIEN, an Individual and the Andrew F. Rogers Insurance Company. Petition of NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.
- Cited By
- 10 cases
- Status
- Published