Jones v Ott (majority)Annotate this Case
In a negligence case, Helen Jones sought recovery for injuries sustained when a vehicle driven by Ron Ott rear-ended Jones’ car while Ott was working for Eastern Elevator Service and Sales Company. Prior to trial, Jones filed proposed points for charge with the prothonotary. Of particular relevance here, Jones filed three proposed instructions related to negligence per se. After trial had commenced, but before the case went to the jury, the trial court held a charge conference. Ultimately, the trial court’s charge to the jury did not include an instruction concerning negligence per se. Notably, after charging the jurors, the trial court asked counsel whether there was anything with respect to the charge that either party wanted to put on the record. Jones’ lawyer responded: “I have no issues with the charge, Your Honor.” The jury returned a verdict in favor of Ott. Jones filed a post-trial motion contending that the trial court erred in failing to instruct the jury as to negligence per se. Ott responded that Jones had waived her jury-charge challenge by failing to lodge a timely objection at trial. Jones replied that she had preserved her claim by docketing written proposed points for charge and raising the issue in a post-trial motion. The trial court denied Jones’ motion, and Jones appealed to the Superior Court. The Pennsylvania Supreme Court granted review in this case in order to clarify the methods by which one may preserve a challenge to a trial court’s jury instructions in accordance with Pennsylvania Rule of Civil Procedure 227.1. Because Jones failed to lodge a contemporaneous objection to the trial court’s instructions at trial or to interpose any objection when invited by the trial court to do so, her challenge was deemed waived. Accordingly, the Court affirmed the Superior Court.