The court sustained the Preliminary Objections in part and overruled the Preliminary Objections in part.
The court found that one paragraph of the New Matter, when read with another paragraph, properly asserted that the medical system Defendant had no control over a doctor who allegedly caused the Plaintiff’s injuries. As such, that paragraph of the new matter was allowed to stand.
However, the court ruled that other paragraphs in the New Matter that asserted affirmative defenses of contributory/comparative negligence, assumption of the risk, release, accord and satisfaction, or set off and/or that the Plaintiffs’ damages were caused by the natural progression of the Plaintiff’s medical condition were all struck for failure to plead any facts in support of those alleged defenses.
In so ruling, the court provided a detailed review of the current status of the law regarding the pleading of a New Matter as set forth under Pa. R.C.P. 1030 and otherwise. The court reiterated the general rule that Pennsylvania is a fact-pleading state and that the inquiry into the sufficiency of pleading involves a question of whether material facts on which a cause of action or a defense has been stated in a concise and summary form in the pleading.
As noted, the court issued a decision in this case that allowed certain defense raised in the New Matter to stand but not others due to the lack of supporting factual allegations. In striking the improper New Matter defenses, the court did allow the Defendants at issue to file an Amended Answer and New Matter.
Anyone wishing to review a copy of this decision may click this LINK.
Source: The Legal Intelligencer Common Pleas Case Alert. www.Law.com (Oct. 30, 2024).
In so ruling, the court provided a detailed review of the current status of the law regarding the pleading of a New Matter as set forth under Pa. R.C.P. 1030 and otherwise. The court reiterated the general rule that Pennsylvania is a fact-pleading state and that the inquiry into the sufficiency of pleading involves a question of whether material facts on which a cause of action or a defense has been stated in a concise and summary form in the pleading.
As noted, the court issued a decision in this case that allowed certain defense raised in the New Matter to stand but not others due to the lack of supporting factual allegations. In striking the improper New Matter defenses, the court did allow the Defendants at issue to file an Amended Answer and New Matter.
Anyone wishing to review a copy of this decision may click this LINK.
Source: The Legal Intelligencer Common Pleas Case Alert. www.Law.com (Oct. 30, 2024).
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