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Commonwealth1/20/2004
The issue before this Court is whether the statutory privilege set forth in § 3754(b) of the Motor Vehicle Code, 75 Pa.C.S. § 101 et seq., justified the Commonwealth of Pennsylvania, Department of Transportation (Penn DOT) in moving to quash a subpoena secured by appellee Gerald S. Taylor, which sought Penn DOT accident reports, safety studies, and accident investigations for the purpose of preparing his defense in a criminal prosecution. The courts below construed the privilege not according to its plain language, but in a narrower fashion dictated by the courts' view of the statute's alleged purpose. So construed, the courts held that the statutory privilege did not extend to the request made by Taylor. For the reasons set forth below, we reverse the order of the Superior Court and quash the subpoena.
On May 15, 1996, appellee was driving on Ohio River Boulevard, State Route 65, in Pittsburgh when his vehicle crossed over into oncoming traffic and collided with a vehicle driven by Larry McDonald, Jr. Mr. McDonald died as a result of injuries suffered in the collision. Appellee was later charged with, inter alia, vehicular homicide, involuntary manslaughter, and driving under the influence of alcohol.
In 1997, Penn DOT hired a contractor to widen the section of Ohio River Boulevard where the collision had occurred from 20 to 24 feet, and to install a concrete barrier between the opposing lanes of traffic. Appellee retained an expert to determine whether the post-accident improvements suggested a pre-existing defect in the design of the roadway which might lessen appellee's culpability in McDonald's death. The expert reported that he could not form an opinion about whether the design of the road contributed to the collision without reviewing the construction and design records of the relevant portion of the roadway. Appellee requested that Penn DOT, a non-party in his pending criminal matter, produce its construction and design records both pre-dating and post-dating the accident, as well as records, accident studies and reports of sixteen traffic accidents that had occurred at that location in 1995 and 1996.
Penn DOT delivered its engineering studies but declined to provide its reports on other accidents at the location, invoking the privilege set forth in § 3754(b) of the Motor Vehicle Code, which provides:
(b) Confidentiality of reports.--In-depth accident investigations and safety studies and information, records and reports used in their preparation shall not be discoverable nor admissible as evidence in any legal action or other proceeding, nor shall officers or employees or the agencies charged with the development, procurement or custody of in-depth accident investigations and safety study records and reports be required to give depositions or evidence pertaining to anything contained in such in-depth accident investigations or safety study records or reports in any legal action or other proceeding.
Id. Appellee then petitioned the trial court to issue a subpoena duces tecum directing Penn DOT to produce the very items that are covered by § 3754(b):
Reports submitted to the Department of Transportation pursuant, to 75 Pa.C.S. § 3754(a), pertaining to motor vehicle accidents that occurred during 1995 and 1996 on segments 20 through 30 and 21 through 31 of Ohio River Boulevard, State Route 65, which reports were used in the preparation of an "in-depth" accident investigation and/or safety study, within the meaning of 75 Pa.C.S. § 3754(b). Accident investigations and/or safety studies prepared, conducted and/or performed by or for the Department of Transportation with respect to segments 20 through 30 and 21 through 31 o
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