Monday, November 13, 2023

Just the Facts: Untimely Answer To Complaint Does Not Mean Allegations of Negligence and Causation Are Admitted

In the case of Derbyshire v. Aria Health, No. 200202192 (C.P. Phila. Co. Aug. 21, 2023 Cunningham, J.), the court addressed a Plaintiff’s Motion to Post-Trial Relief in a slip and fall case.

The Plaintiff asserted that the Defendant’s failure to file a timely Answer to her Complaint constituted admissions as to the claims of negligence.

With this decision, the trial court filed an Opinion pursuant to Pa. R.A.P. 1925 requesting that the Superior Court affirm the trial court’s decision finding that the Plaintiff’s allegations of negligence and causation were allegations that constituted conclusions of law, not factual averments. The trial court asked the Superior Court to therefore find that the Defendant’s failure to answer such allegations did not constitute admissions of fact.

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

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Oct. 17, 2023).

Source of Image:  Photo by Anastasiya Badun on

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