DocketNumber: Appeal, No. 2124 C.D. 1977
Citation Numbers: 45 Pa. Commw. 520
Judges: MacPhail, Mencer, Wilkinson
Filed Date: 9/10/1979
Status: Precedential
Modified Date: 6/24/2022
Opinion by
J. C. Penney Co., Inc. (Appellant), has appealed to this Court from an order of the Lancaster County Court of Common Pleas sustaining the suspension of its certificate of appointment as an official inspection station for violating Section 834(e) of The Vehicle Code (Code), Act of April 29,1959, P.L. 58, as amended, formerly 75 P.S. §834(e).
The pertinent facts are not in dispute. Nicholas Fulginiti admittedly falsified the inspection records kept by Appellant at its auto service center in Lancaster, Pennsylvania. As soon as Fulginiti’s misdeed was discovered by his immediate supervisor, Gary Black, he was fired. There is nothing in the evidence to indicate that Black or anyone else in a supervisory capacity above Fulginiti had any actual knowledge whatsoever of the falsification before the discovery by Black.
Section 819(b) of the Code, formerly 75 P.S. §819 (b),
Provided, however, That if the servant or employee of any such inspection station shall without the authorization, knowledge or consent of his employer, violate any of the provisions of this act in reference to the inspection of vehicles, such violation or violations shall not be the cause of the suspension of the certificate of appointment, as herein provided, but such employee shall be subject to prosecution as hereinafter provided.
After a de novo hearing, the trial court concluded: However, Fulginiti was more than a mere ‘employee.’ He enjoyed almost absolute control over inspection records. If we were to pronounce Fulginiti an ‘employee ’ the Court would have no logical basis with which to distinguish Mr. Black or any other administrative personnel up to and including the store manager. Either Fulginiti must be considered something other than an ‘employee’ or J. C. Penney must be deemed to have granted him such broad powers that it, in effect, ‘authorized’ all his decisions with respect to inspections, including the falsification of records.
Of course, the trial court is the fact finder in de novo appeals. Our scope of review is limited to determining whether the trial court based its findings on substantial evidence or committed an error of law. Commonwealth v. Marini, 25 Pa. Commonwealth Ct. 207, 360 A.2d 263 (1976).
The narrow issue for us to resolve is whether the trial court correctly concluded from those facts that Appellant failed to sustain its burden of proving that Fulginiti’s knowledge of his own actions was not imputable to Appellant by reason of Fulginiti’s employment status. In an inspection violation case similar to the one now before us we held that an employer which is a corporation can acquire knowledge only through its agents
Accordingly, we hold that the trial court erred as a matter of law when it concluded that Appellant authorized or had knowledge of Fulginiti’s falsification of the inspection records.
Order
And Now, this 10th day of September, 1979, the order of the Court of Common Pleas of Lancaster County dated October 20, 1977, which denied the appeal of J. C. Penney Co., Inc., from the suspension of its Certificate of Appointment as an official inspection station, is reversed.
Repealed by Section 7(b) of tbe Act of June 17, 1976, PX. 162, as amended, (found appended to 75 Pa. O.S. following Section 8122). A similar provision is now found at 75 Pa. O.S. §4724(a).
No similar provision was included in tbe Vehicle Code, 75 Pa. C.S. §101 et seq.
We disagree with the trial court’s analysis of Fulginiti’s status. In order to give effect to Section 834(e) in a corporate setting, the trial court apparently thought it necessary to conclude that Fulginiti was not a “servant or employee” as those words are used in Section 819(b). However, it is clear that even the officers of a corporation are servants. Restatement (Second) oe Agency §2, Comment c (1957). This does not mean that Section 819(b) excuses corporations from compliance with Section 834(e), since the question of imputed knowledge remains.
A servant is a species of agent. Restatement (Second) of Agency §2, Comment a (1957).