True Railroad Realty, Inc. v. McNees Wallace & Nurick, LLC, No. 551 MDA 2021, 2022 WL 1152164 (Pa. Super. Apr. 19, 2022) (J. Stevens)

Summary judgment granted on legal malpractice action where plaintiff failed to timely produce an expert report.

The plaintiff in this legal malpractice action failed to produce an expert report by the deadline provided in the case management order. The trial court held that the plaintiff would, therefore, be precluded from offering expert testimony at trial and that such testimony was necessary to prove the plaintiff’s legal malpractice claims. In affirming dismissal of the claims on this basis, the Superior Court found that the plaintiff “was given ample time in which to satisfy its evidentiary burden of producing an expert report but failed to act with due diligence to accomplish this” and, thus, entry of summary judgment was appropriate.


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