Commonwealth v. Fabian
60 A.3d 146
| Pa. Super. Ct. | 2013Background
- Appellant Fabian, a vehicle mechanic for A-l Service, inspected and allegedly repaired Van #9 before a fatal crash.
- Van #9 lacked functioning brakes; the braking system had hidden defects revealed after the crash that killed Colleen Visconti and injured others.
- The decedent, Colleen Visconti, died in a collision on a steep, two-way street after the van failed to brake.
- The Commonwealth presented expert testimony that rear brake drums were not properly serviced and that defects would have been evident had proper maintenance occurred.
- Appellant was charged with involuntary manslaughter and four counts of recklessly endangering another person; the trial court also found unlawful activities under 75 Pa.C.S. § 4107(b)(2).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation for involuntary manslaughter | Causation was proven; Appellant started the causation chain via negligent brake maintenance. | No direct or substantial causation proven; cannot infer death from prior inspection alone. | Sufficient causation shown; direct and substantial link to death. |
| Mens rea for involuntary manslaughter | Appellant acted recklessly by failing to inspect/repair despite brake complaints. | No proof of conscious disregard of a substantial risk; mere ordinary negligence. | Evidence supports recklessness/gross negligence, sustaining conviction. |
| Recklessly endangering another person | Appellant consciously disregarded known risk by not properly inspecting brakes. | K.J.V. controls; argues lack of recklessness beyond ordinary negligence. | Sufficient evidence to support recklessly endangering convictions. |
Key Cases Cited
- Commonwealth v. Jones, 886 A.2d 689 (Pa. Super. 2005) (standard for sufficiency and reviewing court must view evidence in light most favorable to verdict-winner)
- Commonwealth v. McCloskey, 835 A.2d 801 (Pa. Super. 2003) (criminal causation requires direct and substantial factor in death)
- Commonwealth v. Rementer, 410 Pa. Super. 9 (Pa. Super. 1991) (causation in homicide cases; chain of causation sufficient if it started with defendant's conduct)
- Commonwealth v. Nicotra, 425 Pa. Super. 600 (Pa. Super. 1993) (discussion of direct and substantial causation in criminal liability)
- Commonwealth v. Skufca, 457 Pa. 124 (Pa. 1974) (criminal responsibility not limited to sole or immediate cause)
- Commonwealth v. Moyer, 436 Pa. Super. 442 (Pa. Super. 1994) (remote or attenuated causation examples in involuntary manslaughter context)
- Commonwealth v. Colvin, 340 Pa. Super. 278 (Pa. Super. 1985) (remote acts insufficient for involuntary manslaughter; not here)
- Commonwealth v. Sisca, 245 Pa. Super. 125 (Pa. Super. 1976) (reversal where causation was too attenuated)
- Commonwealth v. K.J.V., 939 A.2d 426 (Pa. Super. 2007) (K.J.V. discussed in context of mens rea and recklessness standards)
- Commonwealth v. Huggins, 836 A.2d 862 (Pa. 2003) (reckless/grossly negligent standard for involuntary manslaughter; safety maintenance context emphasized)
- Commonwealth v. Hutchins, 42 A.3d 302 (Pa. Super. 2012) (reliance on intoxication alone not enough for recklessness; distinguish from present case)
- In re K.J.V., 939 A.2d 426 (Pa. Super. 2007) (noting impulsivity/intent in school setting; distinguished from present context)