Thursday, July 14, 2011

Judge Sibum of Monroe County Grants Defendant's Preliminary Objections in Auto Accident Case

In the case of Frailey v. Maranuk, PICS Case No. 11-1147 (Monroe Co., April 11, 2011, Sibum, J.), Judge Jennifer Sibum of the Monroe County Court of Common Pleas granted a Defendant’s Preliminary Objections in a automobile accident case against a Plaintiff’s claim in the Complaint that the Defendant was negligent in “otherwise failing to use reasonable care under the circumstances.”

The Court found that, under Pa. R.C.P. 1019(a), which requires a Plaintiff to state the material facts of a Complaint in a concise and summary form, that the above allegation failed for lack of specificity where the Complaint did not otherwise provide the Defendant with material facts necessary to build the defense against such a claim.

Anyone desiring a copy of this case may contact the Pennsylvania Law Weekly Instant Case Service at 1-800-276-7427, and pay a small fee, to secure a copy of this Opinion.

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