Plaintiff could not establish a prima facie case of negligence against deceased landlord because the Pennsylvania Dead Man’s Act prohibited plaintiff’s testimony about the cause fall.

In affirming summary judgment in a personal injury action involving a decedent’s estate, the Pennsylvania Superior Court held that the Pennsylvania Dead Man’s Act, 42 Pa.C.S. § 5930, prohibited the plaintiff from testifying about the cause of her fall. Under the Dead Man’s Act, “surviving parties who have an interest which is adverse to the decedent’s estate are disqualified from testifying as to any transaction or event which occurred before the decedent’s death.” The following three conditions must exist before a surviving party or witness is disqualified from testifying under the Dead Man’s Act: (1) the deceased must have had an actual right or interest in the matter at issue; (2) the interest of the witness must be adverse; and (3) the right of the deceased must pass to a party of record who represents the deceased’s interest. The court found that the decedent’s estate met these three conditions; therefore, the plaintiff was barred from testimony regarding causation under the Dead Man’s Act. Consequently, the plaintiff could not establish a prima facie case of negligence against her deceased landlord.

Case Law Alerts, 2nd Quarter, April 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.