Pyeritz v. Commonwealth
32 A.3d 687
| Pa. | 2011Background
- Daniel Pyeritz died during a hunting incident; two pieces of a tree stand belt were seized by the Pennsylvania State Police during a criminal investigation.
- Trooper Ekis logged the belt pieces into Uniontown evidence, with a later agreement to retain them for civil litigation purposes.
- Counsel for Appellants indicated retention of the belt could be indefinite, pending civil litigation, including a coroner's inquest.
- An inquest held November 2002 found the manner of death to be an avoidable accident; belt fragments remained in State Police custody.
- In July 2003, Trooper Custer, with approval of Corporal Caccimelio, destroyed the belt fragments in accordance with State Police guidelines.
- Appellants filed a civil action in 2004 alleging negligent spoliation of evidence; a related products liability action against belt manufacturers settled for $200,000 in 2003.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Pennsylvania recognizes a negligent spoliation of evidence claim | Pyeritz argues a duty exists to preserve evidence causing damages. | State Police contends no such tort exists in Pennsylvania law. | Not recognized; no cause of action for negligent spoliation. |
| Whether the personal property exception to sovereign immunity applies | Pyeritz contends the belt’s care, custody or control created liability. | State Police argues the injury was not caused by the property itself, and exception is inapplicable. | Inapplicable; injury not caused by the belt itself. |
| Whether a bailment theory supports liability for destruction of the evidence | Pyeritz asserts a bailment existed creating a duty to preserve. | State Police lacked authority to bind the Commonwealth in a contract. | Bailment claim fails; no authorized contractual obligation. |
Key Cases Cited
- Krentz v. Consolidated Rail Corp., 589 Pa. 576, 910 A.2d 20 (2006) (elements of a negligence claim and duty analysis)
- Liss & Marion, P.C. v. Recordex Acquisition Corp., 603 Pa. 198, 983 A.2d 652 (2009) (standard for reviewing summary judgment on record viewed in movant's favor)
- Elias v. Lancaster Gen. Hosp., 710 A.2d 65 (Pa. Super. 1998) (no general duty for negligent spoliation absent special relationship)
- Bortz v. Noon, 556 Pa. 489, 729 A.2d 555 (1999) (rejection of imposing liability for third-party liability in real estate context)
- Stupka v. Peoples Cab Co., 437 Pa. 509, 264 A.2d 373 (1970) (no duty to obtain other party's information in accident setting)
- Yania v. Bigan, 397 Pa. 316, 155 A.2d 343 (1959) (no duty to rescue absent special relationship or circumstance)
- Ginsburg v. Halpern, 383 Pa. 178, 118 A.2d 201 (1955) (no tort for perjury or conspiracy to alter evidence)
- Central Storage & Transfer Co. v. Kaplan, 487 Pa. 485, 410 A.2d 292 (1979) (agency authority limits on contractual liability with governmental entities)
- Fletcher v. Dorchester Mut. Ins. Co., 437 Mass. 544, 773 N.E.2d 420 (2002) (majority rejection of third-party negligent spoliation, with policy considerations)
- Nicholson v. M & S Detective Agency, Inc., 94 Pa. Cmwlth. 521, 503 A.2d 1106 (1986) (statutory and common law limits on liability for third-party conduct)