Wednesday, February 26, 2020

Dead Man's Rule Applied to Affirm Entry of Judgment in Favor of Deceased Defendant


In its latest application of the Dead Man’s Rule, the Pennsylvania Superior Court in the case of Jones v. Plumer, 2020 Pa. Super. 7 (Pa. Super. Jan. 15, 2020) ruled that a Plaintiff would not be able to testify in a case against her landlord in a trip and fall matter, where the landlord died before he could provide any counter testimony. 

The court also ruled that, given that the Plaintiff was not able to testify in the matter, the other evidence did not sufficiently support a finding of causation.

As such, the Superior Court affirmed the entry of summary judgment in favor of the Defendant by the trial court. 

Anyone wishing to review a copy of this decision may click this LINK.

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