PHILADELPHIA – The Superior Court of Pennsylvania has vacated a lower court’s decision for summary judgment for a construction company in the case of a car collision due to a missing stop sign.
The case was originally filed in June 2014 by Jeff and Jolie Hine against Pennsy Supply Inc. and Michelle D. Dulay.
The plaintiffs had claimed that on June 7, 2012, Jeff Hine and Dulay were involved in an automobile accident, the court decision stated.
Judge Correale Stevens
In their complaint, the plaintiffs claimed that Dulay “drove her vehicle through the intersection of Parkview Circle and North Empire Court in Wilkes-Barre, Pennsylvania, and crashed into Mr. Hine’s car.”
They also claimed that Pennsy was responsible, because the company was doing sidewalk construction at the intersection and had removed a stop sign.
In August 2014, the Hines and Dulay indicated they had reached a settlement agreement. After the Hines removed their claims against Dulay, Pennsy filed for summary judgment.
“Pennsy claimed that it was entitled to summary judgment because ‘the record is devoid of any evidence that Pennsy removed the stop sign existing at the intersection prior to the accident.'"
The trial court agreed and granted the summary judgment.
However, the Superior Court did not.
“To be sure, Pennsy was the prime contractor on the Project and was ‘responsible for all the work’ on the project, including the work on the ADA-compliant sidewalk ramp,” the court decision stated.
“Moreover, both Sergeant Harding and Mr. Fratti expressly testified that ‘due to recent sidewalk construction, the stop sign was removed and not yet reposted at the time of the crash,” the opinion says, referring to the depositions of Sergeant Thomas Harding and Attilio Fratti.
“This evidence alone is sufficient to defeat Pennsy’s summary judgement motion... Therefore, we conclude that the trial court erred when it held that ‘the record is devoid of any evidence that Pennsy removed the stop sign that existed at the intersection prior to the accident’.”
Judge Correale Stevens issued a dissenting opinion.
"Regardless of the absence of a former stop sign set back from the intersection, therefore, Ms. Dulay had the legal obligation to stop at the intersection and yield the right of way to the Hines' vehicle," Judge Correale Stevens wrote.
"Accordingly, I must dissent from the learned majority's opinion reversing the order granting summary judgment in favor of Defendant/Appellee Pennsy Supply."