432 Pa. 495 | Pa. | 1968
Lead Opinion
Opinion by
American St. Gobain Corporation and Green Manufacturing Corporation, appellants, take this appeal from the judgment of the Court of Common Pleas of Erie County in which the jury awarded the plaintiffappellee a verdict. Plaintiff, an employee of Green, was injured when a large crate containing heavy glass fell upon him while unloading a truck. The crates of glass had been loaded and braced by American and transported on a truck of Lyons Transportation Lines, Inc. (found not liable by the jury below) to the consignee, Green.
Plaintiff’s apparent theory was that due to improper loading and bracing the load shifted into an unstable position during transit and then fell during unloading. We have, however, searched the record and have not found any evidence describing the manner in which the accident occurred, or how the improper loading caused the injury. In order to carry his burden of proving defendant negligent, plaintiff must prove what did happen. Since plaintiff had no knowledge of what happened and there were no other eyewitnesses present, the case rested on the existence of expert testimony given by plaintiff’s expert witness.
With no testimony as to what actually caused the injury, the jury was forced to guess. “A verdict will not be sustained which is based on conjecture or surmise or guess.” Flaherty v. Pennsylvania R.R. Co., 426 Pa. 83, 231 A. 2d 179 (1967), and cases cited therein.
Since plaintiff failed to prove that defendant’s negligence caused plaintiff’s injury, it was error in the court to deny defendant’s motion for judgment n.o.v.
Judgment reversed.
Dissenting Opinion
Dissenting Opinion by
Appellee was severely injured when a large crate of glass fell upon him. Even the majority acknowledges
I believe that the appellee was entitled to go to the jury on the issue of liability and that the majority errs when it reverses the jury verdict. In Smith v. Bell Telephone Co. of Pa., 397 Pa. 134, 138, 139, 153 A. 2d 477, 480 (1959), we held: “It is not necessary, under Pennsylvania law, that every fact or circumstance point unerringly to liability; it is enough that there be sufficient facts for the jury to say reasonably that the preponderance favors liability .... The facts are for the jury in any case, whether based on direct or circumstantial evidence where a reasonable conclusion can be arrived at which would place liability on the defendant. . . . The right of a litigant to have the jury pass upon the facts is not to be foreclosed just because the judge believes that a reasonable man might properly find either way.” (Emphasis added.)
In my view this standard was met. The crates were improperly loaded and fell upon the appellee causing his injuries. The jury found against the appellants. I believe the issue of appellants’ negligence causing the injuries was within the province of the jury and its finding is adequately supported by the record.
Therefore, I dissent.