The trial court sustained the defendant's preliminary objections which asserted that the Plaintiff's failed to comply with the six month notice requirement under 42 Pa.C.S.A. Section 5522(a).
The appellate court noted that there was no dispute that the Plaintiff had failed to provide notice of the claim to the governmental agency within six months of the incident.
|Judge Joseph M. Cosgrove|
Pennsylvania Commonwealth Court
As such the trial court's decision was reversed and the matter was remanded for further proceedings.
Anyone wishing to review this unpublished decision by the Commonwealth Court in the Dacey court may contact me at firstname.lastname@example.org.
I send thanks to Attorney Jonathan Comitz of the Wilkes-Barre, PA office of Comitz Law Firm LLC for bringing this case to my attention. Attorney Jeremy Weinstock of that office handled this matter.