Just v. Son's of Italy Hall
Decision Date | 13 July 1976 |
Citation | 368 A.2d 308,240 Pa.Super. 416 |
Parties | Judy JUST and Lewis Just, her husband, Appellants, v. SON'S OF ITALY HALL. |
Court | Pennsylvania Superior Court |
Anthony V. DeCello, Pittsburgh, for appellants.
William R. Balph, Jr., New Castle, for appellee.
Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.
This is an appeal from the order of the court below granting defendant-appellee's motion for summary judgment on the ground that the plaintiff-appellant, Judy Just, was contributorily negligent as a matter of law. Mindful that a Denver v. Sharpless, 191 Pa.Super. 554, 558--59, 159 A.2d 7, 10 (1960), we affirm. The pertinent facts follow a review of the controlling legal principles relating to the disposition of a motion for summary judgment.
In Toth v. Philadelphia, 213 Pa.Super. 282, 285, 247 A.2d 629, 631 (1968) this Court stated: Instantly, only the plaintiffs' complaint, the depositions of the plaintiffs, the defendant's motion for summary judgment and the plaintiffs' answer to the motion for summary judgment are of record; the plaintiffs did not oppose the motion for summary judgment with affidavits, additional depositions, or interrogatories of their own which might show a genuine issue of fact. In Pape v. Smith, 227 Pa.Super. 80, 323 A.2d 856 (1974), a trespass action where the plaintiff did not oppose the defendant's motion for summary judgment with affidavits, depositions, or interrogatories of his own, we stated: Id. at 84--85, 323 A.2d at 858. 1 Applying the foregoing principles to the instant case the court below correctly required that 'the instant summary judgment be wholly supported by the facts appearing in the deposition of the wife-plaintiff and that we ignore the facts alleged in opposition thereto that are set forth only in the plaintiffs' brief.'
The facts as developed by the depositions taken of the plaintiffs are as follows: On April 3, 1971, the plaintiffs, residents of Pittsburgh, Pennsylvania, were guests at a wedding reception held at the defendant's hall in Ellwood City which is about fifty miles from Pittsburgh. The wife-plaintiff had not been in the hall before and was unfamiliar with the surroundings. About one hour after their arrival the wife-plaintiff needed to use the restroom facilities. Seeing no signs on the premises indicating the location of the ladies' restroom, the wife-plaintiff asked her niece, a resident of Ellwood City, where the ladies' restroom was located. The niece pointed to a doorway on the other side of the hall from where the plaintiffs were seated and said 'through that doorway and to the right.' Printed Record at 27a. (the wife-plaintiff testified as to the niece's directions; the niece was deceased at the time of the deposition.)
The following testimony, found in the deposition given by the wife-plaintiff, establishes all the pertinent facts relating to the wife-plaintiff's attempt to find the ladies' restroom. (Emphasis added).
As the court below concluded, '(r)eading the entire deposition in the light most favorable to the plaintiffs' side of the case, as we are required to do in a summary judgment proceedings (sic), it is apparent that there is no dispute concerning the following: that there were no doors on the entrance way and that wife-plaintiff encountered no doors prior to falling down the stairs; that she found herself in a hallway in total darkness upon proceeding through the entrance way; that she nevertheless proceeded in confidence relying solely upon the instructions of her niece, and bore to the right; that she fell down the stairs when she: 'went to push, hoping this was a door'; and that she pushed because her niece said through the entrance way and to the right.'
The plaintiffs-appellants in their argument generally and in their citation to decisional law have stressed the negligence of defendant. However, the negligence of the defendant is not in issue. The plaintiffs' characterization of the wife-plaintiff as a 'business invitee' and their argument relating to the standard of care owed by the defendant to the wife-plaintiff as a consequence of the wife-plaintiff's status as a 'business invitee' is of no moment. The focus in this case is solely on the contributory negligence of the wife-plaintiff. The '. . . plaintiff cannot recover if (her) own negligence, however slight, contributes to the happening of the accident in a proximate way.' McCoy v. Phila. Elec. Co., 447 Pa. 490, 495, 291 A.2d 759, 762 (1972).
While all of these 'darkness' cases '. . . necessarily depend largely upon their individual facts,' Dively v. Penn-Pittsburgh Corp., 332 Pa. 65, 69, 2 A.2d 831, 833 (1938), the law in this area is well defined. In Barth v. Klinck, 360 Pa. 616, 62 A.2d 841 (1949) our Supreme Court stated: Id. at 618, 62 A.2d at 842 (emphasis added). 3
We find the analysis of Justice Roberts in Felix v. O'Brien, 413 Pa. 613, 199 A.2d 128 (1964) particularly instructive when applying the law as articulated in Barth v. Klinck, supra to the instant facts. In Felix v. O'Brien, supra the plaintiff was a social guest in the home of the defendant. It was the first time the plaintiff had ever been there. The pertinent facts are summarized as follows:
Brien replied, 'Right around the corner.' Mrs. Felix then proceeded through a door into a hall and opened an unmarked door to the immediate right of the kitchen door. This door in fact led to a cellar...
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