McCafferty, D. v. Seven Oaks
McCafferty, D. v. Seven Oaks No. 1103 WDA 2016
| Pa. Super. Ct. | May 23, 2017Background
- On Oct. 25, 2014 Mrs. McCafferty fell on a stairway at Seven Oaks Country Club while attempting to grasp the handrail; she suffered severe, permanent ankle injuries.
- The handrail was a rectangular board (approx. 1 5/8" x 5 5/8") mounted on balusters and extended ~1 7/8" from the top, which plaintiffs’ expert testified was not graspable.
- Plaintiffs sued Seven Oaks for negligence (failure to provide a graspable handrail); non-jury trial occurred Feb. 5, 2016.
- Trial court found for Mrs. McCafferty, awarding ~$427,383 to her and $50,000 for Mr. McCafferty’s loss of consortium; Seven Oaks appealed.
- Appellant raised claims including judge nondisclosure/recusal, entitlement to nonsuit/JNOV for lack of duty and causation, exclusion of expert testimony on building codes, applicability of the 2009 International Fire Code, and that the verdict was against the weight of the evidence.
- Superior Court affirmed: (1) no new trial for nondisclosure (after-acquired evidence/failure of diligence), (2) sufficient evidence on duty and causation to deny JNOV, (3) code issues moot, and (4) verdict not against the weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judge nondisclosure / recusal | McCaffertys: judge’s prior employment with plaintiff’s counsel’s firm was disclosed or immaterial | Seven Oaks: judge failed to disclose prior long-term association with plaintiffs’ counsel’s firm; appearance of impropriety warrants new trial | No new trial: article was discoverable with due diligence; post-verdict recusal claim fails absent after-acquired evidence meeting Reilly test |
| Duty (whether Seven Oaks breached duty to invitee) | McCaffertys: landowner had duty under Restatement §343 to discover/repair an ungraspable handrail presenting foreseeable risk | Seven Oaks: rectangular rail similar to many others not shown to be dangerous; prior use without incident | Duty exists: record supports finding that handrail was ungraspable, posed foreseeable risk, and Seven Oaks had continuing duty to inspect/repair; JNOV denied |
| Causation (proximate cause of fall) | McCaffertys: plaintiff reached for rail while losing balance and inability to grasp it precipitated fall | Seven Oaks: fall resulted from loss of balance alone; mere possibility of causation insufficient | Causation found: testimony that plaintiff attempted to grasp and could not creates proximate cause issue for finder of fact; JNOV denied |
| Building-code expert testimony / applicability of 2009 IFC | McCaffertys: codes not necessary to prove general negligence; trial court’s ruling appropriate | Seven Oaks: exclusion of expert code testimony and court’s references to IFC prejudiced defense | Moot: trial court based liability on general negligence, not code violation; appellate court need not address code applicability |
| Weight of the evidence | McCaffertys: verdict supported by witness credibility and expert testimony | Seven Oaks: verdict shocks the conscience given evidence deficiencies | Not against the weight: trial court did not abuse discretion; verdict reasonable based on record |
Key Cases Cited
- Reilly by Reilly v. Southeastern Pennsylvania Transp. Authority, 489 A.2d 1291 (Pa. 1985) (standards for post-trial recusal claims and after-acquired evidence)
- Slusser v. Laputka, Bayless, Ecker and Cohn, P.C., 9 A.3d 1200 (Pa. Super. 2010) (recusal/appearance-of-impropriety context)
- Joseph v. The Scranton Times, L.P., 987 A.2d 633 (Pa. 2009) (appearance-of-impropriety discussion)
- Schaff v. Meltzer, 114 A.2d 167 (Pa. 1955) (faulty handrail may be proximate cause; case for jury when rail contributed to fall)
- Brown v. Trinidad, 111 A.3d 765 (Pa. Super. 2015) (standard for JNOV review)
- Lux v. Gerald E. Ort Trucking, Inc., 887 A.2d 1281 (Pa. Super. 2005) (proximate cause overview)
- Whitaker v. Frankford Hosp. of City of Philadelphia, 984 A.2d 512 (Pa. Super. 2009) (nonsuit/JNOV procedural posture)
- Kirschbaum v. WROSB Assoc., 243 F.3d 145 (3d Cir. 2001) (landowner required to discover and remedy certain stair defects)