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Marsico v. Dibileo

Section 3321 of the Motor Vehicle Code pertaining to vehicle right-of-ways does not apply to vehicles traveling in parking lots; thus, the trial court's jury instructions were misleading to the extent the jury was told that the plaintiff had a duty to yield to the defendant at the intersection in the parking lot.

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OPINION

� 1 Diane Marsico appeals the judgment entered on January 26, 2001 by the Court of Common Pleas of Lackawanna County. In this case we are called upon to determine whether Section 3321 of the Motor Vehicle Code pertaining to vehicle right-of-ways applies to vehicles traveling in parking lots. For the reasons that follow, we conclude that it does not, and we vacate and remand this matter for a new trial.

� 2 The relevant facts of this case are as follows: On July 11, 1997, at approximately 2:00 p.m., Marsico was driving her Chevrolet Geo Metro in the designated westbound traffic lane in the parking lot of the Viewmont Mall. Marsico’s daughter was seated in a child’s car seat in the back seat of the vehicle. As Marsico was traveling through an intersection in the parking lot, Francis DiBileo, who was operating her vehicle in the designated southbound traffic lane, proceeded through the same intersection, colliding with the passenger side door of Marsico’s vehicle.

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