Tuesday, June 18, 2024

Judgment on the Pleadings Granted Based on Expiration of Statute of Limitations

In the case of Leventry v. Vrabel, No. 23-CV-3022 (C.P. Cambria Co. May 13, 2024 en banc), the court granted a Defendant’s Motion for Judgment on the Pleadings in a fall down case.

According to the Opinion, the Plaintiff was cutting a tree branch on the Defendant’s property when he fell approximately thirty (30) feet from a ladder. The Plaintiff alleged that his injuries were caused by negligence by the Defendant.

After the pleadings were closed, the Defendant filed a Motion for Judgment on the Pleadings arguing that the applicable two (2) year statute of limitations had expired and that the Plaintiff’s claim was thereby time barred.

According to the record before the court, it was undisputed that the Plaintiff missed the deadline set by the statute of limitations for a personal injury claim based on negligence by one (1) day.

Plaintiff’s counsel noted that the delay was the result of mailing out the Complaint to Cambria County Prothonotary too close to the deadline.

Given that the Plaintiff did not file the lawsuit within the statue of limitations, the court granted the Motion for Judgment on the Pleadings.

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

I send thanks to Attorney Michael T. Della Vecchia of the Law Office of Mezzanote, Hasson & Sichok for bringing this decision to my attention.

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