Laniecki v. Polish Army Veterans Ass'n of Lucyan Chwalkowski
| Decision Date | 06 July 1984 |
| Citation | 480 A.2d 1101,331 Pa.Super. 413 |
| Parties | Roman LANIECKI v. POLISH ARMY VETERANS ASSOCIATION OF LUCYAN CHWALKOWSKI & Alexander Machowski. Appeal of Alexander MACHOWSKI. Roman LANIECKI v. POLISH ARMY VETERANS ASSOCIATION OF LUCYAN CHWALKOWSKI, Alexander Machowski, Theodore S. Przybyla, John Brycki, Ryszard Myszka. Appeal of POLISH ARMY VETERANS ASSOCIATION, Lucyan Chwalkowski. Roman LANIECKI, Appellant v. POLISH ARMY VETERANS ASSOCIATION OF LUCYAN CHWALKOWSKI, Alexander Machowski, Theodore S. Przybyla, John Brycki, Ryszard Myszka. |
| Court | Pennsylvania Superior Court |
Submitted March 5, 1984. [Copyrighted Material Omitted]
Frank M. Jakobowski, Philadelphia, for Machowski, appellant (at No. 3309) and appellee (at Nos. 23 & 38).
Joseph T. Murphy, Jr., Philadelphia for Polish Army, appellants (at No. 23) and appellees (at Nos. 3309 & 38).
Milton S. Lazaroff, Philadelphia, for Laniecki, appellant (at No 38) and appellee (at Nos. 3309 & 23).
Before ROWLEY, POPOVICH and CERCONE, JJ.
This case involves cross-appeals in a trespass action for libel brought by the plaintiff-Roman Laniecki against the Polish Army Veterans Association of Lucyan Chwalkowski, Post No. 12 (hereinafter the Association or Post) and Alexander Machowski. [1]
A jury found that the plaintiff had been libelled by the Association and Machowski, but, while awarding $5,000 in punitive damages, the veniremen granted no compensatory damages. At the post-verdict stage, Laniecki's motion for a new trial "as to damages only" was denied. Likewise, the Association's and Machowski's request for a new trial, or, in the alternative, for a judgment non obstante veredicto was refused. We affirm.
In deciding the propriety of the rulings that were made, we adhere to the following:
On appeal from the refusal of the trial court to enter judgment for the defendant-appellee non obstante veredicto, the sole duty of the appellate court is to decide whether there was sufficient competent evidence to sustain the verdict, granting the verdict winner, the appellant here, the benefit of every favorable inference reasonably to be drawn from the evidence. Mike v. Borough of Aliquippa, 279 Pa.Super. 382, 421 A.2d 251 (1980). All unfavorable testimony and inferences must be rejected. Smith v. Kravitz, 173 Pa.Super. 11, 93 A.2d 889 (1953). As to reviewing on appeal the grant or refusal of a new trial, we will not reverse the lower court's action " 'absent an abuse of discretion or error of law which controlled the outcome of the case.' " Allison v. Snelling & Snelling, Inc., 425 Pa. 519, 521, 229 A.2d 861, 862 (1967); Gougher v. Hansler, 388 Pa. 160, 130 A.2d 150 (1957); Lambert v. Durallium Products Corp., 364 Pa. 284, 72 A.2d 66 (1950).
McDevitt v. Terminal Warehouse Co., 304 Pa.Super. 438, 442, 450 A.2d 991, 993-994 (1982), petition for allocatur denied October 29, 1982.
Keeping the preceding in mind, the following appears of record: At a special meeting of the Post, sometime in 1968, it was decided that a building would be erected to house various functions of the Post (e.g., banquets, weddings and meetings etc.). Mr. Laniecki was elected chairman of the building committee since he was in the construction business. In fact, when one of the subcontractors refused to complete the roof on the proposed structure, Mr. Laniecki did so at the request of the Post.
The procedure by which Laniecki received payment for the material and labor supplied consisted of his submission of bills to the building committee which authorized payment. However, the bills were presented to the board of directors of the Post, which met twice a month, and to the members at the monthly meeting for final approval. Up until the opening ceremonies on July 20, 1969, the procedure by which Laniecki received payment was adhered to and no one complained of the cost or the manner in which some of the bills were presented, e.g., on Laniecki's business stationery. This practice was continued when Laniecki was asked to perform some of the construction on the inside of the structure.
All parties agreed that the amount paid by the Post to Laniecki for work done was approximately $7,000.
Shortly after the completion of the building, Laniecki asked the commander of the Post to select a committee to examine the bills he had submitted "because of the report of some people telling [him] that ... [he] must have made a bundle on that job." (N.T. 43) Consequently, he wanted to have a committee appointed to absolve him of any wrong. This was done and, at a 1969 meeting of the Post, resulted in a clearing of Laniecki's name of any impropriety.
This matter laid dormant until 1972 before it was resurrected by Alexander Machowski, the new Post commander, who also happened to chair the 1969 auditing committee that initially investigated Laniecki. Machowski informed the membership at a meeting that he had discovered "irregularities" in regard to the bills offered by Laniecki in support of the work done from 1968 to 1969.
Machowski selected a four-member committee, of which he was one, to go through the books a second time. Laniecki received notification from the recording adjutant of the Post as to what had transpired, and he asked that Laniecki be present at a membership meeting on July 7, 1972. Laniecki also was asked to produce for the meeting documentation relating to the "questioned receipts issued on [his] firm's forms in the general amount of $7,099.12 ... for the ultimate resolution of this matter." (N.T. 57) Laniecki responded that due to illness he would not be able to attend and asked that discussion on the matter be postponed. The Post, thereafter, notified Laniecki as to exactly what billing items were in dispute and that the subject would be taken up at a gathering of the membership on September 21, 1972.
Instead of appearing at the scheduled meeting, Laniecki had his wife type a 3-page reply that detailed the events encompassing the construction and the manner in which the Post authorized payment for his services. He made reference to his being cleared of similar charges by a 1969 committee. Lastly, he put the Post on notice that he considered the committee's 1972 inquiry "to be vicious and a besmirching of [his] name," for which he would seek legal redress unless the matter was cleared up at a monthly meeting of the Post. In actuality, Laniecki had been expelled from the Post for fighting with a member who had accused him of stealing money less than a month before he wrote the letter, and this was one of the reasons he did not attend the proceedings.
Although Laniecki obtained reinstatement from the national organization (SWAP) in 1973, he thought it best to transfer his membership to Post 121 in Camden, New Jersey after he refused to apologize to Machowski and others at the Post. Thereafter, during the latter half of 1973, Laniecki was elected commander of the Camden Post for 1974.
I would like to inform you that Post No. 12, on its monthly meeting, on Friday, May 3rd, carried out an unanimous decision against distinction by the Head Office, of Mr. Romana Laniecki, Commandant Post No. 121, in Camden, N.J., represented by a gold medal of 50 years SWAP, of which we learned through a Newspaper "Nowy Dziennik" dated May 1st.
We think that Mr. Laniecki, who was penally displaced from Post No. 12, because of his vulgar behavior, undignified for a Polish Veteran, for the beating of two members and hurting the national feelings of another member, is not worth a reward, but on the contrary, a most severe condamnation [sic] and punishment through the Head Office.
Worst of all, Mr. Laniecki embezzled Post No. 12, for over 7 thousand dollars, refusing to account for the money, which was used to build a construction at Polanka.
We think that the Head Office should refuse to confirm the "election" of Mr. Laniecki, as Commandant of Post 121, of which he has been a member for 4 months only. SWAP's constitution, not just the rules of Post 121 or the rules of the Head Office, specifies that you have to be a member of the Post in question for at least two years.
All these happenings have a very demoralizing influence on the members of Post 12 and have shaken the authority of the Head Office also, not just the authority of Post 12, but among Polish people in Philadelphia, and among those who have a very big interest in our organization.
We hope that the Head Office will change its line of conduct and will treat Mr. Laniecki according to our constitution, to stop a tide of discontent and criticism towards that Head Office.
With friendly regards,
Alexander Machowski
Commandant
(Emphasis added)
Both letters were read to the membership at the Camden Post 121 meeting by the vice commander at Laniecki's ...
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Laniecki v. Polish Army Veterans Ass'n of Lucyan Chwalkowski
...480 A.2d 1101 331 Pa.Super. 413 Roman LANIECKI v. POLISH ARMY VETERANS ASSOCIATION OF LUCYAN CHWALKOWSKI & Alexander Machowski. Appeal of Alexander MACHOWSKI. Roman LANIECKI v. POLISH ARMY VETERANS ASSOCIATION OF LUCYAN CHWALKOWSKI, Alexander Machowski, Theodore S. Przybyla, John Brycki, Ry......