Superior Court Confirms that Parties Entitled to 30 Days to Respond to Motion for Summary Judgment

In the case of Jordan v. Lynde, No. 234 EDA 2024 (Pa. Super. Dec. 31, 2024 Kunselman, J., Nichols, J., and Beck, J.) (Op. by Kunselman, J.), the Pennsylvania Superior Court addressed certain procedural issues regarding summary judgment proceedings.

In this case, the court granted in part and reversed in part the trial court’s entry of summary judgment in a matter.

The case arose out of a medical malpractice action.

According to the Opinion, a Defendant in this medical malpractice action belatedly joined in a Co-Defendant’s summary judgment motion only a few days before the motion was actually granted.

The Superior Court noted that it was an error for the trial court to grant summary judgment in favor of that Defendant that had joined the motion late given that Pa. R.C.P. 1035.3(a) requires that a non-moving party opposing a Motion for Summary Judgment proceedings be provided with thirty (30) days to respond to any such motion. The Superior Court noted that there was no exception to this rule with respect to any joinder by any party in any previously filed Motion for Summary Judgment.

The court affirmed the summary judgment granted to all defendants in this medical malpractice case other than late joining Defendant because Plaintiffs sought an extension of their time to respond to the motion by way of an email to the judge's administrative assistant rather than by motion as required by the rules of court.

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

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Schmidt law firm for bringing this case to my attention.