Wilson v. PECO Energy Co.
61 A.3d 229
| Pa. Super. Ct. | 2012Background
- In 2005, Wilson was struck by a vehicle while attempting to reach a SEPTA bus stop at Trooper Rd and Betzwood Dr in West Norriton.
- Wilson filed negligence suits: one against Chiapetta/PENNDOT/West Norriton and another against PECO/Exelon over the streetlight at the intersection.
- The cases were consolidated in 2008 for discovery and trial, PECO sought to join SEPTA, and SEPTA later joined/was dismissed in stages.
- In 2010, PECO moved for summary judgment; the trial court granted it on November 1, 2010, and Wilson appealed.
- The Superior Court later determined the November 1, 2010 order did not dispose of all claims against all parties and quashed the appeal as interlocutory, leading to ongoing proceedings and eventual remand/appeal activity.
- This opinion holds that material facts exist regarding PECO’s duty and whether it acted with reasonable care, warranting reversal and remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PECO owed a duty beyond electricity and bulb changes | Wilson contends PECO’s duty to maintain included updating the light | PECO asserts duty is fulfilled by electrical service and bulb replacement | Issue for jury; material facts create duty dispute |
| Whether there are genuine issues of material fact about PECO’s duty under Restatement §323 | PECO’s maintenance extended beyond mere service | No expanded duty proven; undisputed facts show limited duty | Genuine issues of material fact preclude summary judgment |
Key Cases Cited
- Feeney v. Disston Manor Personal Care Home, Inc., 849 A.2d 590 (Pa. Super. 2004) (burden of proving duty and causation in negligence)
- Snead v. Society for Prevention of Cruelty to Animals of Pennsylvania, 929 A.2d 1169 (Pa. Super. 2007) (jury question on negligence in duty analysis)
- Hamil v. Bashline, 481 Pa. 256 (Pa. 1978) (proximate cause requires substantial factor analysis)
- Majors v. Brodhead Hotel, 416 Pa. 265 (Pa. 1965) (proximate cause; substantial factor standard)
- Morena v. S. Hills Health Sys., 501 Pa. 634 (Pa. 1983) (duty requires knowledge; expanded duty requires knowledge of emergency)