In re Activision Blizzard, Inc.
86 A.3d 906
| Pa. Super. Ct. | 2014Background
- On Nov. 6, 2006 Simone Phillips’ car collided with a bus driven by James Lock; Lock was employed by Krapf Coaches, Inc. but plaintiffs sued Krapf and Sons, Inc. and George Krapf, Jr. instead.
- Appellees denied Krapf and Sons owned or employed Lock; depositions of Lock and Krapf & Sons’ CFO established Krapf Coaches and Krapf and Sons are distinct entities and that Lock was employed by Krapf Coaches.
- On the morning of trial (Jan. 8, 2013) appellants sought to amend the complaint to add Krapf Coaches; the trial court denied the amendment and granted appellees’ motion dismissing Krapf and Sons (treated as summary judgment).
- Jury returned a verdict finding Lock not negligent (Jan. 16, 2013); trial court denied post-trial relief and this appeal followed.
- Appellants raised five issues: dismissal of Krapf and Sons/non-suit; denial to amend complaint; refusal to instruct negligence per se (75 Pa.C.S. §§3310, 3361); denial of JNOV/new trial; exclusion of certain evidence (police report, Social Security/MetLife records, questioning Krapf & Sons witnesses).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Dismissal of Krapf & Sons (treated as summary judgment) | Plaintiffs said dismissal was improper and untimely (morning of trial) | Record showed no evidence Krapf & Sons employed or entrusted the bus to Lock | Affirmed: no record evidence of employment/entrustment; summary judgment proper; no prejudice shown |
| Denial of motion to amend to add Krapf Coaches | Plaintiffs sought to add Lock’s employer on morning of trial; argued it was effectively a naming correction | Defendants noted Krapf Coaches is a distinct corporate entity and amendment would add a new party after statute of limitations | Affirmed: amendment would add a new, distinct party after statute ran; trial court did not abuse discretion |
| Refusal to give negligence per se charge (Vehicle Code §§3310, 3361) | Plaintiffs requested jury instruction that violation equals negligence per se | Defendants accepted an instruction on assured clear distance/speed and argued statutory language is standards-based | Affirmed: court’s assured-clear-distance/speed instruction adequately conveyed the law; negligence per se inappropriate for these standards-based statutes |
| JNOV / new trial (sufficiency/weight) | Plaintiffs argued verdict against the weight/sufficiency of evidence | Defendants argued plaintiffs waived JNOV/new-trial grounds and evidence supported verdict | Waived and denied: plaintiffs failed to request binding instruction or directed verdict; court properly deferred to jury credibility findings |
| Exclusion of evidence (police report; Social Security/MetLife records; questioning Krapf & Sons witnesses) | Plaintiffs said excluded records and witness questioning were admissible and relevant to damages/entrustment | Defendants argued police report barred by Vehicle Code and hearsay rules; SS decision not for medical diagnosis; Krapf & Sons irrelevant because not employer | Affirmed: police report inadmissible under §3751 and hearsay rules; SS decision and MetLife records inadmissible under hearsay/medical-treatment exception; questioning Krapf & Sons irrelevant and barred given incorrect defendant and lack of pleaded claims |
Key Cases Cited
- Gallagher v. Harleysville Mut. Ins. Co., 617 A.2d 790 (Pa. Super. 1992) (motion entered pre-trial construed as summary judgment or judgment on the pleadings)
- Hogg Const., Inc. v. Yorktowne Med. Ctr., L.P., 78 A.3d 1152 (Pa. Super. 2013) (standard of review for summary judgment)
- Brezenski v. World Truck Transfer, Inc., 755 A.2d 36 (Pa. Super. 2000) (employer vicarious liability under respondeat superior)
- Christiansen v. Silfies, 667 A.2d 396 (Pa. Super. 1995) (elements of negligent entrustment and need for entrustee causal negligence)
- DiGregorio v. Keystone Health Plan East, 840 A.2d 361 (Pa. Super. 2003) (summary judgment on morning of trial and prejudice considerations)
- Shamnoski v. PG Energy, 858 A.2d 589 (Pa. 2004) (assured clear distance / §3361 expresses a reasonableness standard and is not suited to negligence per se)
- Rox Coal Co. v. WCAB (Snizaski), 807 A.2d 906 (Pa. 2002) (police accident reports prepared by nonwitnessing officers are inadmissible hearsay)
- Empire Trucking Co. v. Reading Anthracite Coal Co., 71 A.3d 923 (Pa. Super. 2013) (standard of review for JNOV)