Taylor v. City of Philadelphia
| Decision Date | 11 April 1997 |
| Citation | 692 A.2d 308 |
| Parties | Ethelyn TAYLOR, Administratrix of the Estate of the deceased, Harold Herbert Taylor, Jr. and Marilyn Bond, Appellants, v. CITY OF PHILADELPHIA, City of Philadelphia Police Officer Carl Rone, Badge # 2252, City of Philadelphia Police Officer Nellon White, Badge # 2988, Clifford Skinner, State Correctional Institution at Graterford, Pennsylvania Inmate # BB6855. Ethelyn Taylor, Administratrix of the Estate of Harold Herbert: Taylor, Jr. and Marilyn Bond, v. City of Philadelphia, City of Philadelphia Police Officer Carl Rone, Badge # 2252, City of Philadelphia Police Officer Nellon White, Badge # 2988, Clifford Skinner, State Correctional Institution at Graterford, Pennsylvania Inmate # BB6855 City of Philadelphia, Appellant. |
| Court | Pennsylvania Commonwealth Court |
Norman R. Segal, Philadelphia, for appellants.
Alan C. Ostrow, Deputy City Solicitor, Philadelphia, for appellees, City of Philadelphia, Carl Rone, and Nellon White.
Before COLINS, President Judge, and DOYLE, McGINLEY, SMITH, PELLEGRINI, KELLEY and LEADBETTER, JJ.
Ethelyn Taylor and Marilyn Bond appeal from the decision of the Court of Common Pleas of Philadelphia County (trial court) granting in part the City of Philadelphia's (City) post-trial motions and vacating the default judgment entered by another judge as a discovery sanction. The City cross-appealed from that portion of the order denying its motion for judgment non obstante veredicto.
This case arose from an accident caused by a police chase of a suspect. On October 3, 1988, Police Officers Carl Rone and Nellon White initiated a high-speed vehicular chase of Clifford Skinner, who was driving a stolen car. Skinner's vehicle collided with Harold Taylor's vehicle, causing his death and injuries to his passenger, Marilyn Bond.
Ethelyn Taylor filed a wrongful death and survivor action and Marilyn Bond filed a personal injury action (collectively, Taylor) against the City and the police officers, 1 alleging direct negligence by the City, including the use of an unmarked police car that was not equipped with flashing lights or a siren. The City promptly raised an immunity defense under what is commonly referred to as the Political Subdivision Tort Claims Act (Tort Claims Act), 42 Pa.C.S. §§ 8541-8542. 2
Although the City properly raised its immunity defense, it failed to fully respond to interrogatories or produce documents and failed to comply with orders from the discovery judge (Judge Maier), even after partial counsel fees were imposed. (Orders of the court dated May 21, 1990, August 17, 1990 (including $300 sanction), October 12, 1990, November 30, 1990 (including $300 sanction), and two dated May 7, 1992 (one imposing $600 sanction), Reproduced Record 5a, 6a, 7a, 8a, 9a and 10a). After these repeated failures, which evoked warnings from the judge that continued refusal to comply would result in harsher sanctions, and after the City failed to appear at a hearing on Taylor's motion for enforcement, the trial court entered judgment against the City on the issue of liability and ordered trial on damages only. (R.R. 10a). 3 Judge Maier denied the City's petition for reconsideration of this order.
The matter was assigned for trial on damages before a different judge (Judge Lord). The parties stipulated to the amount of damages, $800,000 (including $300,000 in delay damages), to be assessed and that the City would retain the right to file posttrial motions. (R.R. 16a-17a). The trial court assessed damages pursuant to those stipulated facts, allocating the total between the plaintiffs. (R.R. 14a-15a). The City then filed post-trial motions raising the issue of whether default judgment could be entered against it due to the non-waivability of the immunity defense.
On post-trial motions, the trial court vacated the sanction of a default judgment imposed by Judge Maier during discovery because it effectuated a waiver of the immunity defense. Judge Lord agreed a sanction against the City was appropriate, but imposed a less severe sanction. He also denied the motion insofar as it requested entry of judgment in favor of the City, holding that immunity did not shield the City as a matter of law, but presented a fact question for the jury. These cross-appeals were filed from that order.
Taylor first contends that the City's appeal should be quashed because this action was one submitted to the trial court on a basis. They argue that the City failed to timely appeal Judge Lord's order and post-trial motions were inappropriate since there was no trial. 4
To determine whether this appeal is properly before us, we must first assess the accuracy of Taylor's characterization of the procedure utilized as a . Whether a case proceeds as a case stated or as a trial without a jury upon stipulated facts dramatically affects the rights of the parties to appeal. Wertz v. Anderson, 352 Pa. Superior Ct. 572, 576, 508 A.2d 1218, 1220 (1986), petition for allowance of appeal denied, 514 Pa. 625, 522 A.2d 51 (1987). Pursuant to a case stated, the court enters a judgment which is final and unappealable, unless the stipulations expressly reserve the right to an appeal. Id. Such an appeal must be taken within 30 days of the judgment without filing post-trial motions. Miller v. Kramer, 424 Pa. Superior Ct. 48, 51, 621 A.2d 1033, 1035 (1993). By contrast, where there is a trial without a jury upon stipulated facts submitted for the decision of the court, a party must file post-trial motions pursuant to Pa. R.C.P. No. 227.1(c) in order to preserve any right to appeal. Id. at 50, 621 A.2d at 1034. The issue then is whether the stipulation of facts was submitted to the trial court for a decision, which is subject to post-trial motions, or for an entry of final judgment.
Pennsylvania courts consider several factors in making such a determination: (1) the intent of the parties; (2) the parties' instructions to the trial court; and (3) the form of order or judgment entered by the trial court. Id. at 51, 621 A.2d at 1035. Absent a specific agreement that a judgment be entered pursuant to the stipulation, a case stated will not be found. County of Allegheny v. Allegheny County Prison Employees' Independent Union, 53 Pa.Cmwlth. 350, 417 A.2d 864, 866 (1980).
In the case at bar, the parties stipulated as follows: "After that Order is entered of record, the City may file a motion for post-trial relief on the judgment issue, and, if necessary, an appeal may be taken to Commonwealth Court." (R.R. 16a). This language clearly indicates the parties' intention that the court merely enter a decision pursuant to stipulated facts rather than a judgment pursuant to a case stated. Moreover, the court entered an order, not a judgment, (R.R. 14a-15a), and subsequently, entertained, without objection from Taylor, the post-trial motions. Accordingly, the trial court's order was not a final order divesting it of jurisdiction to entertain and rule on the posttrial motions.
Taylor also contends that Judge Lord did not have the authority to vacate Judge Maier's order entering default judgment. They argue that as a judge of coordinate jurisdiction, Judge Lord lacked authority to alter the previously entered ruling. Judges of coordinate jurisdiction sitting in the same case should not overrule each others' decisions. Commonwealth v. Starr, 541 Pa. 564, 573, 664 A.2d 1326, 1331 (1995). The primary purpose of the rules is "to ensure fundamental fairness in the justice system by preventing a party aggrieved by one judge's interlocutory order to attack that decision by seeking and securing relief from a different judge of the same court". Id. at 575, 664 A.2d at 1332.
However, this principle is inapplicable to a judge ruling on post-trial motions. See Commonwealth v. Oakes, 481 Pa. 343, 392 A.2d 1324 (1978). The purpose of post-trial motions is to promote judicial economy by offering the trial court the initial opportunity to correct error before burdening the appellate courts. In re Smith, 393 Pa. Superior Ct. 39, 49, 573 A.2d 1077, 1081 (1990). Moreover, litigants must raise all allegations of error on post-trial motions or they will be deemed waived on appeal. Bryant v. Girard Bank, 358 Pa. Superior Ct. 335, 344, 517 A.2d 968, 973 (1986). Necessarily then, the judge assigned to hear such motions must be able to decide them, even where (as is commonplace in large urban judicial districts) the challenged rulings have been made by several different judges of the same court. Accordingly, Judge Lord properly entertained and decided the City's post-trial motion.
Taylor next contends that Judge Lord erred in overruling the discovery sanction imposed by Judge Maier, default judgment, because it was a reasonable and necessary discovery sanction. Judge Lord vacated the default judgment, not because he felt it an unreasonable sanction, but because he determined that the trial court has no authority to impose a sanction that deprives a party of a non-waivable defense. Adopting Judge Lord's reasoning and not challenging the reasonableness of the sanction, the City argues that because the defense of immunity is non-waivable, sanctions cannot be imposed that would take away that defense. It submits that any less severe sanction would be within the trial court's authority.
In In re Upset Sale, 522 Pa. 230, 232, 560 A.2d 1388, 1389 (1989), the Supreme Court stated:
Defense of governmental immunity is an absolute defense, directly analogous to our holding in workmen's compensation cases and is not waivable, LeFlar v. Gulf Creek Industrial Park, 511 Pa. 574, 515 A.2d 875 (1986), 5 nor is it subject to any procedural device that could render a governmental agency liable beyond the exceptions granted by the legislature. Wilson v. Philadelphia Housing Authority, 517 Pa. 318, 536 A.2d 337 (1988). (Footnote added).
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