Von Der Heide v. Commonwealth of Pennsylvania Dep't of Transp., 718 A.2d 286 (Pa. 1998). · Go Syfert
Von Der Heide v. Commonwealth of Pennsylvania Dep't of Transp., 718 A.2d 286 (Pa. 1998). Cases Citing This Book View Copy Cite
“superseding cause allows the unforeseeable acts of a third party, someone or something other than the plaintiff or the defendant, to supplant the defendant's conduct as the legal cause of the plaintiff's injuries.”
130 citation events (106 in the last 25 years) across 16 distinct courts.
Strongest positive: J.F. Allen Corporation v. The Sanitary Board of the City of Charleston and Burgess and Niple v. J.F. Allen Corporation (wva, 2020-10-16)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) J.F. Allen Corporation v. The Sanitary Board of the City of Charleston and Burgess and Niple v. J.F. Allen Corporation
W. Va. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
superseding cause allows the unforeseeable acts of a third party, someone or something other than the plaintiff or the defendant, to supplant the defendant's conduct as the legal cause of the plaintiff's injuries.
discussed Cited as authority (rule) Thomas Donnelly III v. General Electric Company, A Foreign Entity; and Joenic Steel, LLC, A Foreign Entity
W.D. Pa. · 2025 · confidence medium
Under Pennsylvania law, “a superseding cause is an act of a third person or other force which, by its intervention, prevents the actor from being liable for harm to another which his antecedent negligence is a substantial factor in bringing about.” Von der Heide v. Commonwealth, Department of Transportation, 553 Pa. 120 , 718 A.2d 286, 288 (Pa. 1998).
cited Cited as authority (rule) HEAGY v. BURLINGTON STORES, INC.
E.D. Pa. · 2023 · confidence medium
Pa. Feb. 11, 2022) (citing Von der Heide v. Com., Dep’t of Transp., 718 A.2d 286, 288 (Pa. 1998)). 23 Bole v. Erie Ins.
discussed Cited as authority (rule) ZURICH AMERICAN INSURANCE COMPANY as subrogee of BRANDWINE CIRA WALNUT I, LP v. A.T. CHADWICK COMPANY, INC.
E.D. Pa. · 2022 · confidence medium
“A superseding cause is an act of a third person or other force which, by its intervention, prevents the actor from being liable for harm to another which his antecedent negligence is a substantial factor in bringing about.” Von der Heide v. Com., Dep’t of Transp., 718 A.2d 286, 288 (Pa. 1998) (quoting Restatement (Second) of Torts § 440).
discussed Cited as authority (rule) Timmonds, M. v. AGCO Corp.
Pa. Super. Ct. · 2021 · confidence medium
Plaintiff's claim is without merit, as this Court’s instructions were properly guided by the parameters set forth in the Restatement (Second) of Torts § 402A and our Supreme Court’s decision in Tincher v, Omega Flex, Inc.®’ Scction 402A of the Second Restatement provides: (1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if (a) the seller is engaged in the business of selling such a product, and 8 Wilkerson…
cited Cited as authority (rule) Com. v. Morales, J.
Pa. Super. Ct. · 2021 · confidence medium
Von der Heide v. Com., Dep't of Transp., 718 A.2d 286, 288 (Pa. 1998).
discussed Cited as authority (rule) STRINGFELLOW v. United States
W.D. Pa. · 2020 · confidence medium
“A superseding cause is an act of a third person or other force which, by its intervention, prevents the actor from being liable for harm to another which his antecedent negligence is a substantial factor in bring about.” Von der Heide v. Dept. of Transp., 718 A.2d 286, 288 (Pa. 1998) (internal quotations and citations omitted).
discussed Cited as authority (rule) Logue v. Patient First Corporation
D. Maryland · 2019 · confidence medium
Dep’t of Transp., 718 A.2d 286, 288 (Pa. 1998). ““In determining whether an intervening force is a superseding cause, the [Pennsylvania] Supreme Court... [has] stated: “The answer to this inquiry depends on whether the (intervening) conduct was so extraordinary as not to have been reasonably foreseeable, or whether it was reasonably to be anticipated.””” Bleman v. Gold, 246 A.2d 376, 380 (Pa. 1968).
discussed Cited as authority (rule) HALL v. MILLERSVILLE UNIVERSITY
E.D. Pa. · 2019 · confidence medium
“A superseding cause is an act of a third person or other force which, by its intervention, prevents the actor from being liable for harm to another which his antecedent negligence is a substantial factor in bringing about.” Von der Heide v. Com., Dep’t of Transp., 718 A.2d 286, 288 (Pa. 1998) (quoting Restatement (Second) of Torts § 440 and citing Trude v. Martin, 660 A.2d 626, 632 (Pa. Super. 1995)).
cited Cited as authority (rule) Com. v. Nelson, W.
Pa. Super. Ct. · 2019 · confidence medium
Von der Heide v. Commonwealth, Dep’t of Transp., [] 718 A.2d 286, 288 ([Pa.] 1998).
discussed Cited as authority (rule) Straw, J. v. Fair, K. v. Pittsburgh Lubes
Pa. Super. Ct. · 2018 · confidence medium
In such a case, the act constitutes a "superseding cause" and, "by its intervention, [the act] prevents the [defendant] from being liable for harm to another which his antecedent negligence is a substantial factor in bringing about." Von der Heide , 718 A.2d at 288 ( quoting Restatement (Second) of Torts § 440 ).
discussed Cited as authority (rule) Com. v. Moore, P.
Pa. Super. Ct. · 2017 · confidence medium
"A charge will be found adequate unless the issues are not made clear, the jury was misled by the instructions, or there was an omission from the charge amounting to a fundamental error." Id., at 50 (citing Von der Heide v. Com., Dep 't of Transp., 718 A.2d 286, 288 (Pa. 1998)).
discussed Cited as authority (rule) Com. v. Paris, G.
Pa. Super. Ct. · 2016 · confidence medium
“In examining jury instructions, our scope of review is to determine whether the trial court committed a clear abuse of discretion or an error of law controlling the outcome of the case.” Von der Heide v. Com., Dep't of Transp., 553 Pa. 120 , 718 A.2d 286, 288 (1998).
cited Cited as authority (rule) Com. v. Garcia, R.
Pa. Super. Ct. · 2015 · confidence medium
Von der Heide v.. Dep't of Trans., 718 A.2d 286, 288 (Pa. 1998).
cited Cited as authority (rule) Obermayer Rebmann v. Colaizzo, M.
Pa. Super. Ct. · 2014 · confidence medium
Von der Heide v. Department of Transportation, 553 Pa. 120 , 718 A.2d 286, 289 (1998).
cited Cited as authority (rule) Obermayer Rebmann Maxwell & Hippell LLP v. Colaizzo
pactcomplphilad · 2014 · confidence medium
Von der Heide v. Department of Transportation, 553 Pa. 120 , 718 A.2d 286, 289 (1998).
cited Cited as authority (rule) Bole v. Erie Insurance Exchange
Pa. · 2012 · confidence medium
Von der Heide v. Commonwealth, Department of Transportation, 558 Pa. 120 , 718 A.2d 286, 288 (1998) (citations omitted).
cited Cited as authority (rule) Winner Logistics Inc. v. Labor & Logistics Inc.
pactcomplphilad · 2011 · confidence medium
Von der Heide v. PennDOT, 553 Pa. 120 , 718 A.2d 286, 288 (1998); Burke v. Buck Hotel Inc., 742 A.2d 239, 246 (Pa. Cmwlth. 1999). .
examined Cited as authority (rule) Mancini v. Giant Food Stores Inc. (3×) also: Cited "see"
pactcomplmontgo · 2010 · confidence medium
Von der Heide v. PennDOT, 553 Pa. 120, 123 , 718 A.2d 286, 288 (1998).
cited Cited as authority (rule) Nardo v. City of Philadelphia
Pa. Commw. Ct. · 2010 · confidence medium
Von der Heide v. Department of Transportation, 553 Pa. 120, 123 , 718 A.2d 286, 288 (1998). 3 .
discussed Cited as authority (rule) Commonwealth v. Chambers (2×)
Pa. · 2009 · confidence medium
"In examining jury instructions, our scope of review is to determine whether the trial court committed a clear abuse of discretion or an error of law controlling the outcome of the case." Von der Heide v. Com., Dep't of Transp., 553 Pa. 120 , 718 A.2d 286, 288 (1998).
cited Cited as authority (rule) Campbell v. Temple University
pactcomplphilad · 2005 · confidence medium
Co., 363 Pa. 220, 226 , 69 A.2d 370, 373 (1949)).” Von der Heide v. PennDOT, 553 Pa. 120, 123 , 718 A.2d 286, 288 (1998). 1.
cited Cited as authority (rule) Corrigan v. Methodist Hospital
E.D. Pa. · 2002 · confidence medium
Von der Heide v. Commonwealth of Pennsylvania, Department of Transportation, 553 Pa. 120 , 718 A.2d 286, 288 (1998).
discussed Cited as authority (rule) Commonwealth v. Demarco (2×)
Pa. · 2002 · confidence medium
Von der Heide v. Commonwealth, Dep’t of Transp., 553 Pa. 120 , 718 A.2d 286, 288 (1998).
cited Cited as authority (rule) Cruz v. Northeastern Hospital
Pa. Super. Ct. · 2002 · confidence medium
Von der Heide v. Department of Transportation, 553 Pa. 120 , 718 A.2d 286, 289 (1998).
discussed Cited as authority (rule) Hall v. Jackson
Pa. Super. Ct. · 2001 · confidence medium
Additionally, “a [superseding] cause must be an act “which is so extraordinary as not to have been reasonably foreseeable.’ ” Id. (quoting Von der Heide v. Commonwealth, Dept. of Transportation, 553 Pa. 120, 123 , 718 A.2d 286, 288 (1998)). ¶ 16 However: “ ‘[i]t is manifestly improper for a court ... to submit to a jury, for their determination, a point which the evidence does not warrant.’ ” It is the exclusive function of the trial court to determine whether the evidence and facts presented at trial create an issue upon which the jury may reasonably differ concerning whether…
discussed Cited as authority (rule) Mount Olivet Tabernacle Church v. Edwin L. Wiegand Division (2×)
Pa. Super. Ct. · 2001 · confidence medium
Von der Heide v. Commonwealth DOT, 553 Pa. 120 , 718 A.2d 286, 289 (1998).
cited Cited as authority (rule) Rittenhouse v. Hanks
Pa. Super. Ct. · 2001 · confidence medium
Von der Heide v. Commonwealth Dept. of Transp., 553 Pa. 120 , 718 A2d 286, 290 (1988).
discussed Cited as authority (rule) Krasevic v. Goodwill Industries of Central Pennsylvania, Inc.
Pa. Super. Ct. · 2000 · confidence medium
We find that a superceding cause instruction was not appropriate and, therefore, properly was rejected by the trial court. ¶28 A superceding cause is defined as “an act of a third person or other force which, by its intervention, prevents the actor from being liable for harm to another which his antecedent negligence is a substantial factor in bringing about.” Von der Heide v. Commonwealth, Dep’t of Transportation, 553 Pa. 120, 123 , 718 A.2d 286, 288 (1998) (quoting Restatement (Second) of Torts § 440).
discussed Cited as authority (rule) Torres v. El Paso Electric Co. (2×)
N.M. · 1999 · confidence medium
Cf. Brooks v. Logan, 127 Idaho 484 , 903 P.2d 73, 80-81 (1995) (requiring "an act by a third person or other force in order to establish an intervening, superseding cause" and stating that, for plaintiffs' acts, "we believe the question is more appropriately one of comparative negligence"); Von der Heide v. Commonwealth Dep't of Transp., 553 Pa. 120 , 718 A.2d 286, 289 (1998) (stating that an instruction on superseding cause based on a plaintiff's negligence would be "a palpable error of law" because the concept is more "properly considered in determining the degree ... [of] fault under compar…
cited Cited as authority (rule) O'Donnell Ex Rel. Mitro v. Allstate Insurance Co.
Pa. Super. Ct. · 1999 · confidence medium
Von der Heide v. Commonwealth of Pa., 553 Pa. 120, 126-27 , 718 A.2d 286, 290 (1998).
cited Cited "see" ASBIE v. PADILLA
E.D. Pa. · 2024 · signal: see · confidence high
See Von der Heide v. Commonwealth, 718 A.2d 286, 288 (Pa. 1998) (quoting Restatement (Second) of Torts § 440).
discussed Cited "see" Carlitz, J. v. Delta Medix, P.C. (2×)
Pa. Super. Ct. · 2017 · signal: see · confidence high
See Von der Heide v. Commonwealth, Dept. of Transp., 553 Pa. 120 , 718 A.2d 286, 290 (1998); Atene, 318 A.2d at 697 ; Kralik, 258 A.2d at 656 ; see also Riccio, 705 A.2d at 427 (holding that because judge, who was substituted for post -trial motions, erred in finding that trial court judge made mistake of law, grant of new trial was error).
discussed Cited "see" Commonwealth v. Veon (2×)
Pa. · 2016 · signal: see · confidence high
See Von der Heide v. Commonwealth, Dep’t of Transp., 553 Pa. 120 , 718 A.2d 286 (1998) (new trial required when an instruction palpably misleads jury); Commonwealth v. Whiting, 501 Pa. 465 , 462 A.2d 218 (1983) (trial court’s improper expressions of opinion during jury charge required reversal of judgment of sentence and remand for new trial); Commonwealth v. Joyner, 441 Pa. 242 , 272 A.2d 454, 457 (1971) (directing reversal of judgment of sentence and remanding for new trial where trial'court’s charge erroneously removed question of voluntariness from jury); Stegmuller v. Davis, 408 Pa.…
discussed Cited "see" Bertrand v. Mystic Granite & Marble, Inc. (2×)
virginislands · 2015 · signal: see · confidence high
See Von der Heide v. Com., Dept. of Transp., 553 Pa. 120 , 718 A.2d 286, 289 (1998); Duphily v. Delaware Elec.
examined Cited "see" Potter v. Ford Motor Co. (4×)
Tenn. Ct. App. · 2006 · signal: see · confidence high
See Von der Heide v. Commonwealth of Pennsylvania, 553 Pa. 120 , 718 A.2d 286, 289 (1998)(holding “a superseding cause was not present in this case because there was never a third party or event to be considered beyond the conduct of the defendant and the plaintiff.”); Barry v. Quality Steel Prods., 263 Conn. 424 , 820 A.2d 258 (2003)(stating that “the instruction on superseding cause complicates what is essentially a proximate cause analysis and risks jury confusion”); Control Techniques, Inc. v. Johnson, 762 N.E.2d 104, 108 (Ind. 2002)(the superseding cause “doctrine in today’s w…
discussed Cited "see" Corrigan v. Methodist Hospital (2×)
3rd Cir. · 2004 · signal: see · confidence high
See Von Der Heide v. Commonwealth, Dep’t of Transp., 553 Pa. 120 , 718 A.2d 286, 288 (1998).
examined Cited "see" Harman Ex Rel. Harman v. Borah (4×)
Pa. · 2000 · signal: see · confidence high
See Von der Heide v. Commonwealth, Dept. of Transp., 553 Pa. 120 , 718 A.2d 286, 290 (1998); Atene, 318 A.2d at 697 ; Kralik, 258 A.2d at 656 ; see also Riccio, 705 A.2d at 427 (holding that because judge, who was substituted for post-trial motions, erred in finding that trial court judge made mistake of law, grant of new trial was error).
examined Cited "see, e.g." Price v. Guy (4×)
Pa. · 1999 · signal: see also · confidence low
See also Von der Heide v. Commonwealth Department of Transportation, 553 Pa. 120 , 718 A.2d 286 (1998) (error if jury “palpably” misled); Stewart v. Motts, supra, (same).
Retrieving the full opinion text from the archive…
Alice C. VON DER HEIDE, as Executrix of the Estate of William Von Der Heide, Deceased Appellee.
v.
COMMONWEALTH of Pennsylvania DEPARTMENT OF TRANSPORTATION
98 M.D. Appeal Docket 1997.
Supreme Court of Pennsylvania.
Oct 1, 1998.
718 A.2d 286
Jay W. Stark, Deputy Atty. Gen., for Dept, of Transp., Joseph M. Melillo, Richard C. Angino, Harrisburg, for Estate of Von der Heide.
Flaherty, Zappala, Cappy, Castille, Nigro, Newman, Saylor.
Cited by 65 opinions  |  Published

Lead Opinion

OPINION

NIGRO, Justice.

The Commonwealth of Pennsylvania Department of Transportation (PennDOT) appeals from the Commonwealth Court’s reversal of the trial court’s grant of a new trial pursuant to PennDOT’s post trial motions, finding that the trial court did not abuse its discretion in failing to instruct the jury on superseding cause. For the following reasons, we find that a jury instruction on superseding cause was not required and thus affirm the order of the Commonwealth Court.

Appellee Alice Von der Heide, on behalf of her late husband’s estate, commenced an action for his wrongful death resulting from a one car accident in which he was the driver on August 19, 1991 at approximately 2:30 in the afternoon. Decedent William Von der Heide (Mr. Von der Heide), his wife and two children were travelling south on Route 15 toward Williamsport, Pennsylvania when their 1991 Plymouth Acclaim crossed over the northbound lane and struck the guardrail, traveled approximately seventeen feet along the guardrail, and finally came to rest upon striking a concrete bridge abutment. Mr. Von der Heide sustained fatal injuries.

In August 1993, Appellee filed a complaint against Penn-DOT alleging defective conditions of the roadway and guardrails, as well as improper maintenance of the guardrails.

Following trial, the jury found that PennDOT was sixty percent negligent and that Decedent was forty percent negligent, awarding Appellee damages totaling $1.7 million which the trial court molded to $505,672.88 including pre-judgment interest.[1] PennDOT filed a motion for post-trial relief assert[*123] ing, inter alia, that the trial court erred in failing to charge the jury on superseding cause as Mr. Von der Heide placed himself and others at great risk by allegedly falling asleep at the wheel, failing to maintain control of his car, crossing into and over the opposing travel lane and off the roadway on the northbound side. The trial court granted PennDOT a new trial and Appellee appealed to the Commonwealth Court, which reversed and reinstated the jury’s verdict.

In examining jury instructions, our scope of review is to determine whether the trial court committed a clear abuse[2] of discretion or an error of law controlling the outcome of the case. Stewart v. Motts, 539 Pa. 596, 606, 654 A.2d 535, 540 (1995). Error in the jury charge is sufficient ground for a new trial if the charge, taken as a whole, is inadequate, unclear, or has the tendency to mislead or confuse rather than to clarify a material issue. Id. A charge will be found adequate unless “the issues are not made clear to the jury or the jury was palpably misled by what the trial judge said or unless there is an omission in the charge which amounts to fundamental error.” Id. (citing Voitasefski v. Pittsburgh Rys. Co., 363 Pa. 220, 226, 69 A.2d 370, 373 (1949)).

“A superseding cause is an act of a third person or other force which, by its intervention, prevents the actor from being liable for harm to another which his antecedent negligence is a substantial factor in bringing about.” Restatement (Second) of Torts § 440. See Trade v. Martin, 442 Pa.Super. 614, 627, 660 A.2d 626, 632 (1995). In addition a superseding cause must be an act which is so extraordinary as not to have been reasonably foreseeable. Id. Instantly, PennDOT claims that driving into oncoming traffic and leaving the road is not[*124] reasonably foreseeable behavior and that therefore the jury should have been instructed to determine whether Decedent’s conduct was a superseding cause of his own death, absolving PennDOT of liability. However, the mere reasonable unforeseeability of Mr. Von der Heide’s conduct does not render it a superseding cause without having first been the act of a third person. See Trade, 442 Pa.Super. at 627, 660 A.2d at 632 (1995).

Presently, the trial court, in granting Appellant’s motion for a new trial, confuses the concepts of superseding cause and comparative negligence. Superseding cause allows the unforeseeable acts of a third party, someone or something other than the plaintiff or the defendant, to supplant the defendant’s conduct as the legal cause of the plaintiffs injuries. See Restatement (Second) of Torts § 440; see also Trade, 442 Pa.Super. at 627, 660 A.2d at 632 (1995). Thus, if the jury finds a superseding cause, then the defendant is relieved of any liability to the plaintiff. Comparative negligence, while a completely different concept, may have the similar effect of barring a plaintiffs recovery, assuming the plaintiffs relative fault in causing the injury is greater than the defendant’s fault. Comparative negligence denotes the negligent conduct of the plaintiff which is concurrent with the defendant’s negligent conduct. See Comparative Negligence Act, 42 Pa.C.S. § 7102; Elder v. Orluck, 511 Pa. 402, 404, 515 A.2d 517, 517 (1986). Under the Comparative Negligence Act, if the jury determines that the injuries were due more to the plaintiffs negligence than to the defendant’s then the defendant is relieved of any liability. Id. Consequently, the plaintiff cannot recover against the defendant. Nonetheless, this identity of outcomes in no way makes comparative negligence, whatever the degree, the equivalent of superseding cause.

Here, the jury was properly given special interrogatories and instructions on comparative negligence which read, in pertinent part:

Question[s] three and four relate to liability on the part of Mr. Von der Heide for his own death. Question three being was he negligent and I’ll talk to you about that. If not,[*125] you’re going to skip on to the damage question, which is number six.
If you say yes he was negligent then you have to answer the causation question number four with regard to him. “Was such negligence a substantial factor in causing his death? Yes or no.”
Now, if you have answered yes to all of the first four questions, that is, if you have found both [PennDOT] and Mr. Von der Heide causally negligent, that is, negligent in a way that was a substantial factor in causing his death, then you, under Pennsylvania law, you must apportion the relative degrees of causal negligence starting with a hundred percent and deciding what percent of that causal ... negligence, that total hundred percent is attributable to [Penn-DOT] and what to Mr. Von der Heide. As I said, you reach question five only if you have answered yes to all the preceding questions.

N.T. at 87-88.

On the issue of concurrent causes, as well, the trial court properly instructed:

There can be more than one substantial factor in bringing about an accident. If the negligent conduct of two or more people contribute concurrently to an accident each of those persons would be responsible for the accident....
[I]f the one party is negligent and there is another concurring factor that does not relate to the negligence of the person, the party who is negligent would be responsible for the accident if that negligence was a substantial factor, but it need not be the only factor.
Now if you have found that [PennDOT] was negligent and that its negligence was a substantial factor then you must proceed to question three[;] if you find that there was negligence but it was not a substantial factor then that would be the end of your responsibilities and you would[*126] come back to the courtroom and there would be no liability on [PennDOT].

N.T. at 92-93.

The judge next properly explained comparative negligence in Pennsylvania as follows:

If it is found that [Mr. Von der Heide] was responsible for more than half of the causal negligence then there can be no recovery at all so that in a given case ... if a plaintiff was fifty-one percent or more causally negligent then there can be no recovery.
If, however, [Mr. Von der Heide’s] causal negligence was fifty percent or less then there is recovery, but the recovery is reduced according to the amount of the causal negligence attributed to the plaintiff.

N.T. at 97-98.

A superseding cause was not present in this case because there was never a third party or event to be considered beyond the conduct of the defendant and the plaintiff. See Trude, 442 Pa.Super. at 627, 660 A.2d at 632 (1995). An instruction on superseding cause was therefore not only unnecessary, it would have been wrong, a palpable error of law, if given. Instantly, the jury was given the opportunity to find a full range of liability, including total or none for either PennDOT or Mr. Von der Heide. Thus, Mr. Von der Heide’s conduct, including whether he placed himself and others at great risk, and whether any or all of his conduct was extraordinary and unforeseeable, was properly considered in determining the degree to which Mr. Von der Heide was at fault under comparative negligence principles.

Thus the question of superseding cause is only properly before the jury when another factor apart from the conduct of either the defendant or the plaintiff is present. See Restatement (Second) of Torts § 440; see also Trude, 442 Pa.Super. at 627, 660 A.2d at 632 (1995). Accordingly, PennDOT was not entitled to an instruction on superseding cause. Jury instructions must be upheld if they adequately and accurately reflect the law and are sufficient to guide the jury[*127] in its deliberations. Clack v. Commonwealth of Pennsylvania Dep’t of Transportation, 710 A.2d 148, 153 (Pa.Commw.1998). So long as the charge as a whole cannot be demonstrated to have caused fundamental prejudicial error, there will not be a reversal. Motts, 539 Pa. at 606, 654 A.2d at 540. As the trial court’s sole reason for granting a new trial was its omission of an instruction on superseding cause, and because such an instruction would constitute a manifest error of law, the grant of a new trial was a clear abuse of discretion.

Accordingly, the order of the Commonwealth Court reinstating the original jury verdict is affirmed.

SAYLOR, J., files a concurring opinion in which FLAHERTY, C.J., joins.
1

The amount recoverable against Commonwealth parties is limited pursuant to 42 Pa.C.S. § 8528, which states in pertinent part:

§ 8528. Limitations on damages
[*123] (b) Amount recoverable.—Damages arising from the same cause of action or transaction or occurrence or series of causes of action or transactions or occurrences shall not exceed $250,000 in favor of any plaintiff or $1,000,000 in the aggregate.

42 Pa.C.S. § 8528(b).

2

Although Stewart calls it clear abuse, we see no distinction between "clear abuse” and "abuse” for purposes of determining whether the trial court erred.

Concurrence

SAYLOR, Justice,

concurring.

While the majority rests its disposition upon its conclusion that the doctrine of superseding cause can be applied only to third-party conduct, I note that some comparative negligence jurisdictions have continued to apply superseding cause to a narrow category of cases in which an injured plaintiffs conduct is wholly unforeseeable, amounts to more than mere negligence, and creates a risk distinct from that created by the defendant’s conduct.[1] Thus, while I acknowledge the soundness of the general preference for addressing the relevance of a plaintiffs own conduct within the calculus of comparative fault, I would not foreclose the possibility that a plaintiffs conduct might be deemed a superseding cause in an appropriate case. Particularly, application of the doctrine of superseding cause would seem appropriate in a case in which a plaintiffs own intentional, unforeseeable conduct severs the[*128] causal connection between the defendant’s negligence and the plaintiffs injuries.

Here, however, Mr. Von der Heide’s conduct was neither intentional nor unforeseeable; therefore, I join the majority’s holding that an instruction to the jury concerning superseding cause was unwarranted.

FLAHERTY, J., joins this Concurring Opinion.
1

See, e.g., Caraballo v. United States, 830 F.2d 19, 22 (2d Cir.1987) (construing New York law); Faris v. Potomac Elec. Power Co., 753 F.Supp. 388, 390 (D.D.C.1991); Sumpter v. City of Moulton, 519 N.W.2d 427, 432 (Iowa Ct.App.1994) (stating that "we are not prepared to hold that the conduct of a plaintiff could never constitute a superseding cause”); see generally 57A Am Jur 2d Negligence § 650 (1989). But see Beirne v. Security Heating-Clearwater Pools Inc., 759 F.Supp. 1120, 1123 (M.D.Pa.1991) (finding that the doctrines of intervening and superseding cause are not appropriately applied to a plaintiff’s conduct).