Carter by Carter v. U.S. Steel Corp.
| Decision Date | 04 January 1990 |
| Citation | 390 Pa.Super. 265,568 A.2d 646 |
| Parties | Andrew CARTER, a Minor, by his Parent and Natural Guardian, Donald CARTER, and Donald Carter, in his Own Right, Appellants, v. UNITED STATES STEEL CORPORATION. Andrew CARTER, a Minor, by his Parent and Natural Guardian, Donald CARTER, and Donald Carter, in his Own Right v. UNITED STATES STEEL CORPORATION, Appellant. |
| Court | Pennsylvania Superior Court |
Edward J. Balzarini, Pittsburgh, for appellants (at 1652) and appellees (at 1688).
C. Ritcher Taylor, Jr., Pittsburgh, for appellant (at 1688) and appellees (at 1652).
Before CIRILLO, President Judge, and CAVANAUGH, BROSKY, McEWEN, OLSZEWSKI, BECK, TAMILIA, * POPOVICH and JOHNSON, JJ.
This is an appeal from an order of the Court of Common Pleas of Allegheny County, granting United States Steel Corporation's (hereinafter USX) motion for a new trial, and denying its motion for judgment non obstante veredicto. We affirm.
In 1984, USX maintained and partially operated a steel manufacturing plant, known as the Carrie Furnace Works, along the eastern bank of the Monongahela River in the borough of Swissvale. Between December of 1983 and June of 1984, Andrew Carter, a fourteen year-old resident of Swissvale, frequently trespassed with his friends, including Christian Stonebraker, on the plant property. While steel manufacturing at the plant had ceased, an electric generating plant remained in operation and security patrolled the plant at irregular intervals.
The generating plant produced and transmitted electricity for the Homestead Works across the river. The electricity was transmitted through high voltage lines suspended on fabricated steel towers. Tower No. 13D, located in the western part of the plant, was of particular interest to Carter and his friends; it had open access to its base and a ladder that ascended the tower. The ladder began at ground level and extended upward 146 feet, affording entry to two platforms, one at the 112-foot level and the other at the 135-foot level.
On the evening of June 1, 1984, Carter and Stonebraker entered the plant again. Stonebraker, who had climbed tower 13D on a prior visit, taunted Carter with attacks on his courage until Carter followed Stonebraker up the tower. After stopping briefly on the 112-foot platform, the pair climbed to the higher platform.
The platform at 135-feet had railing on two sides and was approximately fifteen feet by eight feet in size. Carter and Stonebraker decided to venture to the far edge of the platform on the side without a railing. To accomplish this, they had to duck under four grayish-colored insulated wires that draped to within four feet of the platform. Stonebraker maneuvered first and after passing under the first set of wires heard a crackling sound. He turned to see Carter receive a charge of electricity while his left hand touched one of the wires. Electric flashes discharged from Carter's hand, right shoulder, and left foot until he collapsed. Carter subsequently regained consciousness with some delirium. Stonebraker assisted him down the tower, through the plant and into a nearby field before going on for help.
As a result of the incident, Carter was hospitalized for several months and required numerous operations. His left hand, the small toe on his left foot, and part of his left forearm were amputated. Part of his right scapula was injured permanently, leaving scars.
On September 17, 1984, Carter's parents filed suit to recover damages on behalf of their minor son for the injuries he sustained and on behalf of Andrew Carter's father, Donald Carter, for the expenses incurred in effecting the recovery of his son. Trial by jury commenced on February 6, 1987, and on February 13, 1987 the jury returned a verdict in favor of Andrew Carter in the amount of one million five hundred thousand dollars ($1,500,000.00). Because the jury also found Andrew Carter twenty percent negligent, the verdict was molded appropriately to arrive at a one million two hundred thousand dollar ($1,200,000.00) award.
USX filed motions seeking judgment n.o.v. or, in the alternative, a new trial. The Honorable Richard G. Zeleznik denied USX's motion for judgment n.o.v., and granted it motion for a new trial on liability and damages. The Carters filed this timely appeal from the order granting USX a new trial; USX cross-appealed from the order denying judgment n.o.v. We will address the Carters' issues in part I, and USX's cross-appeal with respect to the denial of judgment n.o.v. in part II.
The Carters raise the following issues on appeal:
1. After receipt of a jury verdict in a civil action, can the trial judge, with the assistance of defense counsel, properly question each juror as to his awareness of publicity, discussion of the publicity during deliberations, and its effect on the juror's decisions, and then award the defendant a new trial on the basis of the publicity, which accurately described the occurrence of a subsequent accident on defendant's premises, evidence of which was admissible?
2. Can a defendant which submits to a medial interview while a trial is in progress and openly discusses a subsequent accident which occurred on its premises later obtain a new trial on the basis of the resulting publicity about the subsequent accident?
3. Can a defendant obtain a new trial on the basis of allegedly prejudicial publicity even though it did not raise the issue during voir dire, did not inform the court of the publicity until after the jury had completed two hours of deliberations, and then elected to gamble on the verdict rather than request cautionary instructions?
Our standard of review from an order granting a new trial is, generally, whether the trial court clearly and palpably abused its discretion or committed an error of law which controlled the outcome of the case. Stevenson v. General Motors Corporation, 513 Pa. 411, 521 A.2d 413 (1987). However, where a trial court, in granting a motion for a new trial, gives a single reason for its decision, the validity of its legal justification for a new trial is at issue. Appellate review is then focused upon the legal adequacy of the reason given for the new trial. Westinghouse Elevator Company v. Herron, 514 Pa. 252, 523 A.2d 723 (1987). In the case before us, the trial court granted USX's motion for a new trial based solely on the prejudicial effect that the February 12, 1987 newspaper and television reports had upon the jury. Consequently, our duty is to review the legal adequacy of Judge Zeleznik's reason supporting his order granting USX a new trial.
On the morning of February 13, 1987, while the jury was deliberating, the trial court was alerted to two media reports released on February 12, 1987 concerning an accident subsequent to the Carter incident where 16 year old Orlando Dudley was killed at the Carrie Furnace Works. At that point, counsel for USX requested that the jury be polled as to whether or not they had seen or heard of either the newspaper story or the television news report. Judge Zeleznik refused to interrupt jury deliberations at that time, opting to wait for the verdict. The jury then came in with a verdict awarding Carter $1.5 million dollars which was later molded to $1.2 million dollars, since the jury found Carter twenty percent negligent. After the verdict was read, Judge Zeleznik, along with counsel for the Carters and USX, questioned each juror individually in the judge's chambers. Judge Zeleznik asked each juror whether or not he or she was aware of either media report and whether the content of these reports changed their opinion regarding the outcome of the case.
While Judge Zeleznik's question as to whether or not a juror was aware of either of the media reports was permissible, his questions as to the effect of the reports on the jurors' deliberations were impermissible, therefore error on the part of the trial judge. Questions put to a juror regarding the process by which the verdict is reached are impermissible, as a juror may not impeach his own verdict by testifying about his thought process during deliberations. See Commonwealth v. Carr, 370 Pa.Super. 1, 535 A.2d 1120 (1987). After the inquiry revealed that jurors numbers four, eight, and ten had changed their opinion after seeing or hearing about the news report, USX filed a motion for judgment n.o.v. or, in the alternative, a new trial. Judge Zeleznik denied judgment n.o.v., but granted a new trial in favor of USX, finding that the news report was extraneous information that had a prejudicial impact on the jury. Notwithstanding Judge Zeleznik's error in questioning the jurors regarding the effect of the media reports on their deliberations, the trial court's order granting a new trial will be affirmed.
We disagree with the view, as expressed in Judge Olszewski's Concurring and Dissenting Opinion, that the newscast did not constitute an extra-evidentiary prejudicial influence on the jury. Ignoring the testimony of the jurors as to the effect of the news report, it is clear that the jury's receipt of the evidence of the subsequent accident at Carrie Furnace Works was prejudicial.
Pennsylvania case law holds that accidents subsequent to the one in question may only be admitted for a limited purpose, for example, as evidence of a dangerous condition. See, e.g., Yoffee v. Pennsylvania Power & Light Co., 385 Pa. 520, 123 A.2d 636 (1956) (). See also Packel and Poulin, Pennsylvania Evidence, § 412.2 (West 1987). Assuming in the instant case that the evidence of the subsequent Dudley case would have been admissible, the evidence would have only been admissible for one purpose, to show the dangerous condition of USX's facility. When...
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