Shirley A. MORRISON, Administratrix of the Estate of George Morrison, Deceased, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF PUBLIC WELFARE, OFFICE OF MENTAL HEALTH (WOODVILLE STATE HOSPITAL), Schleifer Ambulance Service, and J.P. Harika, M.D.
No. 127 Judicial Administration Docket No. 1
Supreme Court of Pennsylvania
Decided Aug. 25, 1994
646 A.2d 565
Argued March 8, 1994. LARSEN, J.; see No. 127 Judicial Administration Docket No. 1, filed October 28, 1993.
Samuel J. Cordes, Michael A. Murphy, Ogg, Jones, DeSimone & Ignelzi, Pittsburgh, for Shirley Morrison.
Robert S. Andrews, Jr., Deputy Atty. Gen., for Com., Dept. of Public Welfare, Office of Mental Health.
Before NIX, C.J., and FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE and MONTEMURO, JJ.
OPINION OF THE COURT
CAPPY, Justice.
Schleifer Ambulance Service appeals from an order of the Commonwealth Court reversing the order of the Court of Common Pleas granting Schleifer‘s motion for a new trial. We find that the Commonwealth Court applied an incorrect standard of review and erred in reversing the trial court‘s decision. Accordingly, we reverse the decision of the Commonwealth Court and reinstate the order of the Court of Common Pleas.
George Morrison, the husband of Appellee Shirley Morrison, was a mental health patient at Woodville State Hospital. On July 29, 1986, while Mr. Morrison was on a brief visit home, he began to hallucinate and became violent. Mrs. Morrison requested that her husband be returned to Woodville. The Office of Mental Health (“OMH“) arranged for the local Chief of Police to transport Mr. Morrison from his home
Mrs. Morrison filed wrongful death and survival actions against the defendants1 alleging that their negligence caused the death of her husband. With respect to Appellant Schleifer, she alleged that the ambulance service was negligent in failing to assess Mr. Morrison‘s condition; failing to restrain, control and monitor him; allowing him to escape from the ambulance; and failing to remain at the scene of the accident to assist the rescue squad.
Before trial, Schleifer filed a motion in limine to preclude Mrs. Morrison from introducing evidence that the ambulance crew failed to remain at the scene of the accident. Schleifer asserted that the attendants’ leaving the scene did not affect their ability to assist Mr. Morrison, because they could have done nothing to help him after he fell. Schleifer argued that any probative value the evidence might have was outweighed by its prejudicial effect, as the evidence would serve only to inflame the jury and evoke sympathy against Schleifer. Mrs. Morrison argued, to the contrary, that the evidence of abandonment was admissible because it was probative of the ambulance crew‘s lack of proper training and showed a continuous course of negligent conduct. The trial court denied the motion in limine.
At trial, Mrs. Morrison called several witnesses, including the ambulance attendant, Bernard J. Jozwiak, and the ambulance driver, John C. Fritzius. The two men testified regarding the extent of their training in transporting mental health patients, described their pick-up and transport of Mr. Morrison, and recounted the accident and their activities after it happened. They testified that Mr. Morrison had been sitting
Mrs. Morrison also presented the testimony of William Fike, an electrician who had been working on a temporary dock with a view of the bridge when the accident occurred. Mr. Fike testified that from the corner of his eye he saw an object fall, and then he heard a thud as the object hit the edge of the dock and a splash as it hit the water. He looked up and saw the ambulance on the bridge and the two crew members looking over the railing. Mr. Fike stayed on the dock for approximately fifteen minutes, but did not see anything float to the surface of the water.
Both parties presented expert testimony regarding local and national standards of care. The experts’ opinions conflicted as to whether the ambulance crew had been properly trained,
Schleifer presented the videotaped deposition testimony of Dr. Paul M. Paris, who testified that Mr. Morrison had died as the result of a forceful blow to the head, which knocked him unconscious, followed by drowning. Dr. Paris stated that it was “extraordinarily unlikely” (R.R. at 1244a) that Mr. Morrison would have survived, even if the river rescue squad had been able to reach him in a matter of seconds.
The court‘s instructions to the jury at the close of the evidence included the following statement:
Now, then, there‘s also a sharp conflict about the conduct of the two attendants in this vehicle in not having one or more of them remain at the scene so that when the river patrol would show up they could point to where the deceased went down into the water, or he fell from the bridge or jumped from the bridge, whichever it would be.... Of course, if you were to determine that it wouldn‘t have saved the deceased‘s life, in other words, that it wouldn‘t have done any good for the ambulance driver to remain if in fact he died from the blow on the head so quickly, then, of course, their failure to remain, whether right or wrong, wouldn‘t have anything to do with his death.
(R.R. at 931a.) The jury returned a verdict for Mrs. Morrison, finding 75% of the causal negligence attributable to Schleifer, 25% attributable to OMH, and none attributable to Mr. Morrison. The jury awarded $450,000 in damages.
The trial court granted Schleifer‘s motion for a new trial, finding that it had committed “very serious trial error” in permitting evidence and argument regarding the ambulance crew‘s conduct following the accident. The court noted that the ambulance crew had decided to drive through the tunnel to telephone for help because they could not have gotten down to the dock to help Mr. Morrison. The court also noted that no evidence had been presented that Mr. Morrison could have
Nevertheless, the conduct of Schleifer which was most forcefully and repeatedly condemned by both counsel and witnesses for the Plaintiff was returning to their workplace and at a later hour handling a dialysis case which had been scheduled for the same day....
The owner of Schleifer was castigated in the strongest terms for not instructing his men to go back to the bridge so that any rescue squad would be told where to look for Morrison. The argument even suggested that he might be found alive despite the admissions and evidence to the contrary. Permitting this despite numerous objections, beginning with a motion in limine, was a very serious trial error. The action of Schleifer in this respect was presented as cold and callous indifference to life and it probably was ill advised from the viewpoint of conventional opinion, but it did not contribute to the death of Morrison. The error in permitting the representation of the contrary requires a new trial.
(Trial Court Opinion at 5.) Although the court referred to a second issue raised by Schleifer,2 the court found resolution of that issue to be unnecessary because the admission of the abandonment evidence alone was a sufficient basis for granting a new trial. (Id. at 6.)
On appeal, a panel of the Commonwealth Court reversed in a 2-1 decision. Morrison v. Commonwealth, Dept. of Public Welfare, 148 Pa.Commw.Ct. 245, 610 A.2d 1082 (1992). The majority disagreed with Schleifer‘s characterization of the issue on appeal as being whether the trial court abused its discretion in granting a new trial, where the basis of that decision was the trial court‘s discretionary ruling that the abandonment evidence should have been excluded. Instead, the court framed the issue as “whether the reason the trial court gave for granting a new trial was in itself an error of
Senior Judge Silvestri dissented. He pointed out that the trial court‘s decision was based upon the manner in which plaintiff‘s counsel and witnesses had used the disputed evidence, and that the trial court was in the best position to determine the impact of the way the evidence was presented and argued. Judge Silvestri therefore found that the trial court had neither abused its discretion nor committed an error of law.
This Court granted Schleifer‘s petition for leave to appeal. On appeal to this Court, Schleifer contends that the Commonwealth Court applied an incorrect standard of review in reversing the trial court‘s order. We agree. The Commonwealth Court majority stated that it was to examine the trial court‘s decision to determine “whether the reason the trial
“Scope of review” and “standard of review” are often—albeit erroneously—used interchangeably. The two terms carry distinct meanings and should not be substituted for one another. “Scope of review” refers to “the confines within which an appellate court must conduct its examination.” Coker v. S.M. Flickinger Company, Inc., 533 Pa. 441, 450, 625 A.2d 1181, 1186 (1993). In other words, it refers to the matters (or “what“) the appellate court is permitted to examine. In contrast, “standard of review” refers to the manner in which (or “how“) that examination is conducted. In Coker we also referred to the standard of review as the “degree of scrutiny” that is to be applied. Id., 625 A.2d at 1186.
In Coker, this Court reaffirmed the “fundamental and longstanding precept that the decision to order a new trial is one that lies within the discretion of the trial court.” 533 Pa. at 447, 625 A.2d at 1184. Thus, the standard for appellate review of such a decision is always an abuse of discretion standard. In contrast, the scope of the appellate court‘s review of the trial court‘s decision varies: It is determined by whether the trial court cites a finite set of reasons for its decision, indicating that but for the cited reasons it would not have granted a new trial, or “leaves open the possibility that it would have ordered a new trial for reasons other than those it specified.” Id. at 446, 625 A.2d at 1184. If the trial court leaves open the possibility that reasons additional to those specifically mentioned might warrant a new trial, or orders a new trial “in the interests of justice,” the appellate court
We have in the past referred to the latter, more narrowly focused review as being an inquiry into the “legal merit” of the specified reasons. See, e.g., Keefer v. Byers, 398 Pa. 447, 159 A.2d 477 (1960). However, as we noted in Coker, our use of this term appears to have caused confusion in the intermediate appellate courts, which misunderstood it to mean that the degree of scrutiny, or standard of review, applied to the trial court‘s decision varies depending upon the number of reasons cited by the trial court. That is, the intermediate appellate courts interpreted an inquiry into the “legal merit” to be a more penetrating review than an abuse of discretion review. The Commonwealth Court in the case sub judice, in particular, apparently believed that, in all cases where the trial court cites just one reason or a finite set of reasons for its decision, the cited reasons are converted into issues of law that the appellate court is to review de novo. In Coker, however, we emphasized that it is the scope of review, and not the standard of review, that varies:
[The] two procedures ... differ only in terms of the confines within which an appellate court must conduct its examination.... The degree of scrutiny does not vary when an appellate court reviews an order granting a new trial.
Id. 533 Pa. at 450, 625 A.2d at 1186. We also explained that, when viewed in terms of the degree of scrutiny that should be applied, an inquiry into an abuse of discretion is opera-
Id. at 448, 625 A.2d at 1185. Therefore, the ultimate question to be answered on appellate review of a trial court‘s decision to grant a new trial is always whether the trial court abused its discretion.6
Having clarified the difference between the scope of review and the standard of review of a trial court‘s decision to grant a new trial, we now turn to a discussion of the proper application of these concepts. It is important to recognize that the trial court‘s decision whether to grant a new trial rests on its preliminary or predicate decision as to whether any reasons exist for granting a new trial. In other words, there are two levels to a trial court‘s decision whether to grant a new trial: First, the court must determine whether, colloquially speaking, a “mistake” (or mistakes) was made at trial. Second, the court decides whether the mistake (or mistakes) is sufficient basis for granting a new trial.7 The first decision—whether a mistake was made—may involve factual, legal, or discretionary matters. However, the second and ultimate decision—whether to grant a new trial—is always a discretionary matter because it requires consideration of the particular circumstances of the case.
An appellate court reviewing the decision to grant a new trial, therefore, essentially reviews that decision at two levels. First, it examines the trial court‘s underlying decision as to whether a mistake was made. Where the trial court articulates a single mistake (or a finite set of mistakes), the appellate court‘s review is limited in scope to the stated reason, and the appellate court must review that reason under the appropriate standard. Thus, if the trial court‘s stated reason is based upon a discretionary matter, the appellate
If the appellate court finds that the trial court neither abused its discretion nor committed an error of law in finding that mistakes were made, it reviews the decision to grant a new trial by applying an abuse of discretion standard. The appellate court‘s inquiry at this level is to be focused on whether the trial court‘s stated reasons and factual basis find support in the record. Coker, 533 Pa. at 452, 625 A.2d at 1187; Childs v. Austin Supply Co., 408 Pa. 403, 406, 184 A.2d 250, 252 (1962). “Where the record adequately supports the trial court‘s reasons and factual basis, the court did not abuse its discretion.” Coker, 533 Pa. at 453, 625 A.2d at 1187. See also Westinghouse Elevator Co. v. Herron, 514 Pa. 252, 259, 523 A.2d 723, 727 (1987); Thompson v. City of Philadelphia, 507 Pa. 592, 599-600, 493 A.2d 669, 673 (1985). In considering whether the record supports the trial court‘s decision, the appellate court is to defer to the judgment of the trial court, for the trial court is uniquely qualified to determine factual matters. Further, an abuse of discretion occurs not merely when the trial court reaches a decision contrary to the decision
when the course pursued represents not merely an error of judgement, but where the judgement is manifestly unreasonable or where the law is not applied or where the record shows that the action is a result of partiality, prejudice, bias or ill will.
Coker, 533 Pa. at 447-448, 625 A.2d at 1185 (quoting P.L.E. New Trial § 2).10
We find that the Commonwealth Court failed to apply the proper scope and standard of review in the instant case. First, as discussed above, the Commonwealth Court erroneously converted the trial court‘s stated basis for granting a new trial into a pure question of law, when it is plain that the trial court‘s decision rested upon discretionary matters. The trial court expressly stated that it granted a new trial because the disputed evidence should have been excluded as being unduly prejudicial to Schleifer and because the manner in which plaintiff used the evidence further prejudiced Schleifer. It is well established that both of these determinations were within the trial court‘s discretion: This Court has repeatedly stated that the admission or exclusion of evidence lies within the discretion of the trial court, Commonwealth v. Hart, 479 Pa. 84, 87, 387 A.2d 845, 847 (1978) (collecting cases). We also have stated that whether counsel‘s argument is appropriate is a matter primarily to be decided by the trial judge, who is present and therefore in the best position to assess the manner of presentation and effect on the jury. See, e.g., Purcell v. Westinghouse Broadcasting Co., 411 Pa. 167, 184, 191 A.2d 662, 671 (1963). Cf. Thompson, supra, 507 Pa. at 599, 493 A.2d at 672-673 (trial court stands on different plane than appellate court because its decision is aided by “on-the-scene evaluation of the evidence,” while appellate court reviews only the cold record). Similarly, the trial court was
Second, the Commonwealth Court‘s approach in reviewing the trial court‘s decision was contrary to the approach that this Court has mandated. Rather than reviewing the record to determine whether the trial court‘s reasons found support, the Commonwealth Court did the converse: It searched for an argument to counter the trial court‘s decision. This Court has expressly disapproved of such an approach, noting that it “begs the question before [the appellate court]; the question being whether the trial judge‘s reasons for his act in granting a new trial were justified.” Thompson, supra, 507 Pa. at 601, 493 A.2d at 674. See also Westinghouse Elevator Co. v. Herron, supra, 514 Pa. at 259, 523 A.2d at 727.
Upon our review of the record, we find that the trial court did not abuse its discretion. First, the record shows that Schleifer objected to the disputed evidence throughout trial, beginning with its motion in limine. See Coker, 533 Pa. at 454, 625 A.2d at 1188 (requiring timely objection of counsel). Second, the record supports the trial court‘s reasoning that the post-jump evidence was not relevant to causation and that the manner in which it was presented was highly prejudicial.11 The record shows that much attention at trial was focused on the ambulance crew‘s post-jump conduct. As the trial court observed, this evidence was used to portray the Appellant as being cold and callously indifferent to life, and to suggest that Mr. Morrison could have survived if the attend-
Accordingly, we reverse the order of the Commonwealth Court and reinstate the order of the Court of Common Pleas.
PAPADAKOS, J., files a dissenting opinion.
MONTEMURO, J., is sitting by designation as Senior Justice pursuant to Judicial Assignment Docket No. 94 R1801, due to the unavailability of LARSEN, J., see No. 127 Judicial Administration Docket No. 1, filed October 28, 1993.
PAPADAKOS, Justice, dissenting.
Although I commend my colleague who has done a superb job in describing the differences between scope of review and standard of review and alerting the bench and bar not to interchange their use as though they are synonymous, I cannot join in the conclusion that the trial judge did not abuse his discretion in ordering a new trial. I must therefore dissent.
The gist of the majority opinion is that the trial judge committed “very serious trial error” in allowing into evidence the fact that the ambulance crew left the scene of the incident without staying to offer assistance. The majority and the trial judge are of the view that this evidence highly prejudiced the jury against the ambulance service. I think that the majority makes a mountain out of a molehill.
The evidence against the ambulance crew was overwhelming to establish their negligence in allowing the decedent, who was
If this evidence had not been introduced and the jury had brought in a verdict for the ambulance service, I believe that the conscience of the court would have been shocked and a new trial would have been granted to the plaintiff, the evidence of negligence against the ambulance service being so clear and convincing as to its negligence. I cannot believe that justice will not produce the same verdict in a new trial.
Since I believe that the evidence which offends the majority is, at most, harmless error, I respectfully dissent and would affirm the Commonwealth Court.