Grove v. Port Authority of Allegheny County (majority)
Annotate this CaseAppellant Joan Grove was awarded a jury verdict of $250,000.00 in the Court of Common Pleas of Allegheny County, in a personal injury action against Appellee, Port Authority of Allegheny County. On appeal, the Commonwealth Court vacated the award of damages and remanded for a new trial on the basis that the trial court erred in failing to instruct the jury on negligence per se. The Pennsylvania Supreme Court granted allocatur to determine whether the trial court’s failure to give a negligence per se charge, where the jury nevertheless found Grove negligent, amounted to error because the negligence per se charge was relevant to apportionment of factual cause. The Supreme Court concluded it did. Because the jury found Grove negligent, any perceived error in failing to instruct on negligence per se was harmless error. Importantly, the Commonwealth Court did not make a finding of prejudice in its harmless error analysis; “it merely opined the proposed instructions could have influenced the jury. The standard is not that the omitted instructions could have influenced the jury. Prejudice is required. A lack of any prejudice analysis undermines the Commonwealth Court’s conclusion that the error was not harmless.” Accordingly, the Supreme Court reversed the Commonwealth Court’s order reversing the trial court and granting Port Authority a new trial. This matter was remanded to the Commonwealth Court for disposition of Grove’s cross-appeal.
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