Capuzzi v. Heller

• Decision Date: 10 May 1989
• Parties: , 53 Ed. Law Rep. 1221 Robert CAPUZZI, Administrator of the Estate of Eleanor Capuzzi, deceased, as parent and natural guardian of Nicholas Capuzzi, a minor, and Amanda Capuzzi, a minor, and in his own right, Appellants, v. Richard HELLER, Joseph Becker, Theresa Becker Benfield, Anthony Grandinetti, Van's Auto Tags, Middle Bucks Area Vocational Technical School, Centennial School District and William Tennent High School, Appellees. 79 T.D. 1988
• Court: Pennsylvania Commonwealth Court

Page 596

558 A.2d 596

125 Pa.Cmwlth. 678, 53 Ed. Law Rep. 1221

Robert CAPUZZI, Administrator of the Estate of Eleanor Capuzzi, deceased, as parent and natural guardian of Nicholas Capuzzi, a minor, and Amanda Capuzzi, a minor, and in his own right, Appellants, v. Richard HELLER, Joseph Becker, Theresa Becker Benfield Anthony Grandinetti, Van's Auto Tags, Middle Bucks Area Vocational Technical School, Centennial School District and William Tennent High School, Appellees.

79 T.D. 1988

Commonwealth Court of Pennsylvania.

Argued March 7, 1989.

Decided May 10, 1989.

[125 Pa.Cmwlth. 679] Roy T.J. Stegena, Media, for appellants.

Richard R. Heller, Red Hill, pro se.

Timothy A. Kulp, McGettigan & Silverman, Philadelphia, Richard D. Adamson, Curtin & Heefner, Morrisville, Christopher J. Serpico, Doylestown, John J. Gonzales, Lawler & Gonzales, Feasterville, Alexander Ewing, Jr., Gollatz, Ewing & McCarthey, Media, for appellees.

Before CRAIG, BARRY and PALLADINO, JJ.

OPINION

BARRY, Judge.

Robert Capuzzi, the estate of his deceased wife, Eleanor Capuzzi, and his children, Nicholas Capuzzi and Amanda Capuzzi (appellants), appeal from an order of the Court of Common Pleas of Bucks County granting a judgment on the pleadings in favor of Middle Bucks Area Vocational Technical School (vo-tech school) and dismissing the first and second counts of their amended complaint insofar as it related to the vo-tech school.

Appellants filed an amended complaint alleging that, on September 8, 1986, Richard Heller (Heller), a student at both the William Tennent High School (high school) and the vo-tech school, was driving himself from the high school to the vo-tech school. On the way, he had engaged in a race with Joseph Becker (Becker), another student at both the high school and vo-tech school, who was also driving himself from the high school to the vo-tech school. Heller was travelling north in the passing lane of York Road in Warminster Township, Bucks County, at a rate of speed that was greatly in excess of the posted forty-five mile per hour speed limit. At the intersection of York Road and Ivyland Road, he drove his vehicle through a red traffic signal and collided with an automobile operated by Mrs. Capuzzi, who had lawfully entered the intersection from Ivyland Road. As a result of the collision, Mrs. Capuzzi was killed and appellants, Nicholas Capuzzi and Amanda Capuzzi, who were passengers in the vehicle, were injured.

In their amended complaint, the appellants made the following averments regarding the negligence of the vo-tech school, the high school and Centennial School District:

36. The Defendant Centennial School District and Defendants, William Tennent High School and Area Middle Bucks Vocational Technical Institute [sic], at all times pertinent herein were responsible for providing safe transportation from the high school to the vocational school for students, such as Defendants Heller, Becker and Grandinetti ¹, who were enrolled in both schools and who had to attend classes in each school on each specified school day under the control of said schools and as the responsibility of said schools.

37. Defendants Centennial School District, William Tennent High School and Area Middle Bucks Vocational Technical Institute [sic] (sometimes hereinafter referred to collectively as 'defendant schools') had at certain times pertinent herein undertaken the operation, supervision and control of a system by which certain students were occasionally permitted by the school district and the individual schools to transport themselves in their own vehicles between classes at the high school and the vocational school if certain established requirements were met.

38. Defendant schools failed to offer or provide the said required transportation. Defendant schools knew that Defendants Heller and Becker were on September 8, 1986 driving their own vehicles from the high school to attend classes at the vocational school, and said Defendant schools acquiesced in the self-transportation by their agents, Defendants Heller and Becker, to take place without requiring that said Defendants meet even minimum requirements of legality of operation, proficiency, reliability and financial responsibility, thus abandoning their said obligation of safely transporting their students during school hours.

39. Defendants Heller and Becker provided transportation services for which the Defendant schools were responsible, on behalf of the Defendant schools, with the acquiescence, knowledge and permission of the Defendant schools and under the control, direction and supervision of said Defendant schools. The negligent conduct and entrustment of the Defendant Centennial School District, Defendant William Tennent High School, and Defendant Area Middle Bucks Vocational Technical Institute [sic] consists of but is not limited to the following:

a. Negligently delegating to Defendants Heller and Becker the responsibility of transporting themselves as well as Defendant Grandinetti from classes at the high school to classes at the vocational school, when said Defendants knew, or in the exercise of reasonable care should have known, that said Defendants were not mature and were incapable of safely operating their motor vehicles, thus endangering Plaintiff and his family,

b. Entrusting to Defendants Heller and Becker the responsibility of providing transportation between schools when Defendant schools knew, or in the exercise of reasonable care should have known, that said Defendants were immature, incompentant [sic], unsafe and illegal drivers without the requisite documents and compulsory bodily injury liability insurance coverage, whom [sic] they are required to be financially responsible for, and

c. Illegally attempting two [sic] save money by looking the other way in allowing unqualified student drivers to transport their students as aforesaid, instead of using school vehicles.

d. Failing to exercise the proper degree of control over Defendants Heller and Becker to prevent them from conducting themselves in such a manner so as to create an unreasonable risk of bodily harm to plaintiffs, when Defendant schools had the ability to control said activities and knew, or should have known, of the necessity for exercising such control,

e. Abrogating, abandoning and avoiding their own duty and responsibility to transport said students between classes by school buses or vehicles or by a specific plan and design and illegally and negligently transferring the physical task of transportation to Defendants Heller and Becker as the agents of Defendant schools, and

f. Being otherwise negligent as may be revealed through discovery.

The vo-tech school filed an answer with new matter to the appellants' amended complaint. In the new matter, it asserted, inter alia, that the alleged acts of negligence on its part did not fall within any of the enumerated statutory exceptions to governmental immunity found in Section 8542(b) of the Judicial Code (Code), 42 Pa.C.S. § 8542(b). After appellants had filed their reply to this new matter, the vo-tech school filed a motion for judgment on the pleadings. The court of common pleas granted this motion, concluding that the vo-tech school was immune from suit. This appeal followed.

Our scope of review over a grant or denial of judgment on the pleadings is limited to determining whether there has been an error of law or an abuse of discretion. Agostine v. School District of Philadelphia, 106 Pa. Commonwealth Ct. 492, 527 A.2d...