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Paul Brandon v. Ryder Truck Rental

November 14, 2011

PAUL BRANDON,
APPELLANT
v.
RYDER TRUCK RENTAL, INC., APPELLEE



Appeal from the Order Entered October 22, 2010 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): No. 856 March Term 2009

The opinion of the court was delivered by: Stevens, P.J.:

J-A31005-11

BEFORE: STEVENS, P.J., FORD ELLIOTT, P.J.E., and GANTMAN, JJ.

OPINION BY STEVENS, P.J.:

Paul Brandon (hereinafter "Appellant") appeals from the trial court's order entered on October 22, 2010, in the Court of Common Pleas of Philadelphia County granting the oral motion for summary judgment of Ryder Truck Rental, Inc. (hereinafter "Appellee"). Upon our review of the record, we affirm.

In his Complaint filed on March 6, 2009, Appellant averred that on August 6, 2007, at approximately 6:30 a.m., he was in the course of his employment as a driver/delivery person with Schmidt Baking Company and operating a vehicle, which Appellee leased to Appellant's employer, in a westerly direction in the 400 block of Girard Avenue, Philadelphia, PA.

Appellant alleged that the front wheel of the vehicle fell off due to the negligence and carelessness of Appellee by and through its agents, servants, workmen and/or employees, causing him to strike a milk van which was traveling in a westerly direction on Girard Avenue and to sustain severe and permanent injuries. Complaint at ¶¶ 4-5. Specifically, Appellant contended Appellee's negligence and carelessness consisted of:

a) failing to inspect said delivery truck as to discover the unsafe, hazardous and dangerous condition thereon;

b) permitting said vehicle to be leased to Schmidt Baking Company while in a condition so as to constitute a menace, danger or nuisance to [Appellant];

c) failing to warn [Appellant] of the existence of the unsafe,

hazardous and dangerous condition of the vehicle; and d) failing to abate said unsafe, hazardous and dangerous condition.

Complaint at ¶ 6. Appellant maintained that as a direct result of Appellee's carelessness and negligence, he sustained serious and permanent injuries. Complaint at ¶ 7. Appellee denied these claims in its Answer and New Matter.

The case was listed for trial on October 22, 2010, at which time the trial court granted Appellee's oral motion for summary judgment. Appellant filed a notice of appeal on November 2, 2010. The record was certified and transmitted to this Court on May 18, 2011, and filed with this Court on May 20, 2011. *fn1

Pa.R.A.P. 1931(a)(1) provides that "the record on appeal, including the transcript and exhibits necessary for the determination of the appeal, shall be transmitted to the appellate court within 60 days after the filing of the notice of appeal." Pa.R.A.P. 1931(a)(1).

"It is black letter law in this jurisdiction that an appellate court cannot consider anything which is not part of the record in this case." Bennyhoff v. Pappert, 790 A.2d 313, 318 (Pa.Super.2001) (citation omitted). Any document which is not part of the official certified record is considered to be nonexistent, which deficiency may not be remedied by inclusion in the reproduced record. Id.; Pa.R.A.P.1921. It is the responsibility of the appellant to provide a complete record to the appellate court on appeal, including transcription of deposition testimony. McNeal v. Eaton Corp., 806 A.2d 899 (Pa. Super. 2002). Where a review of an appellant's claim may not be made because of such a defect in the record, we may find the issue waived. Bennyhoff, supra.

Eichman v. McKeon, 824 A.2d 305, 316 (Pa. Super. 2003).

In addition, Pa.R.A.P. 1926 provides that if anything material to either party is omitted from the record by error or accident, this Court, on proper suggestion or of its own initiative, may direct that the omission be corrected and a supplemental ...


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