Superior Court of Pennsylvania affirms trial court’s refusal to open the judgment of non pros against plaintiff.

The plaintiff filed a claim for property damage to her vehicle four years after the date of the accident. The arbitration panel dismissed her claim based on the two-year statute of limitations. The plaintiff appealed the arbitration dismissal; however, she failed appear on the date scheduled for her jury trial and then also failed to appear for jury selection for the rescheduled trial. As a result, the trial court entered a judgment of non pros against the plaintiff. 

The Supreme Court of New York, Appellate Division reversed, finding that the affidavits submitted by the manufacturer and distributor, detailing that they lacked the requisite control over the manner in which the franchisee dealership serviced vehicles, sufficient to support summary judgment. The plaintiff’s repeated failure to appear constituted a pattern of behavior, rather than a reasonable excuse. Moreover, the statute of limitations barred her claim. 
 

_{Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey 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 © 2023 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.}