Thursday, April 30, 2020

Summary Judgment in a Limited Tort Case Upheld on Appeal

In non-precedential decision in the case of Francisco v. Ludwig, No. 689 MDA 2019 (Pa. Super. March 25, 2020 Lazarus, J., Stabile, J., and Dubow, J.) (Mem. Op. by Lazarus, J.) (non-precedential), the court affirmed the entry of summary judgment by the trial court in favor of a Defendant who was involved in a nine (9) vehicle chain reaction collision. 

The summary judgment motion is based, in part, on the fact that the Plaintiff had failed to timely respond to the moving Defendant’s New Matter and Request for Admissions such that all averments and requests contained therein were deemed admitted. The Plaintiff did eventually file a Reply to the New Matter and Responses to the Request for Admissions. 

After finding that the Plaintiffs’ Reply and Responses were untimely, the court deemed the pertinent factual issues to be admitted and, as a result, granted the summary judgment motion and dismissed the Plaintiff’s case. On appeal, this decision was affirmed by the Superior Court. 

The court noted that the Plaintiff’s procedural missteps in the case, included the waiver of certain issues on this appeal, could not be saved by an application of Pa. R.C.P. 126 which calls for the liberal construction of the Rules of Civil Procedure. 

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

I send thanks to Attorney Walter A. McClatchy, Jr., of the Philadelphia law firm of Walter A. McClatchy, Jr. & Associates, for bringing this case to my attention. 

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