Monday, January 11, 2021

Trial Court Requires Facts to be Pled to Support New Matter Defenses



In the case of Barnes v. Williamsport Petroleum, Inc., No. 20-0092 (C.P. Lycoming Co. Oct. 22, 2020 Linhardt, J.), the court sustained a Plaintiffs’ Preliminary Objections asserted against a Defendant’s affirmative defenses listed in a New Matter as such defenses were pled without any factual support. 
The court allowed the Defendants to file an amended pleading to contain factual allegations rather than a boilerplate listing of defenses in the New Matter.

This matter arose out of a slip and fall event.

The court agreed with the Plaintiff’s argument that facts were required to support New Matter defenses and that it would be inequitable to put the burden on the Plaintiff to conduct discovery to disprove a factually unsupported allegations, rather than requiring a Defendant to put forth some facts in the first place to support the defenses asserted.

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


Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Dec. 22, 2020).

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