Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Mosley v. Settles

Order finding complaint was timely filed vacated because tolling of the statute of limitations for the commencement of a personal injury action is not permitted on the basis of "non-negligent circumstances," and, in any event, the circumstances were not so extraordinary as to support such an exception to the statute of limitations.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
� 1 This is an appeal by allowance of this Court pursuant to Pa.R.App.P. 1501. We decide whether the trial court erred when it ruled the Complaint was timely filed. The Praecipe for Writ of Summons was filed after the statute of limitations expired and plaintiff/appellee failed to show fraud or its equivalent. We conclude that the court erred and so vacate the order and remand the matter so that the trial court may reinstate its order granting judgment on the pleadings in favor of appellant.

� 2 Appellee Lillie P. Mosley and appellant Ronald B. Settles were involved in a motor vehicle collision on June 2, 1997. Mosley engaged the services of attorney Marvin Miller to represent her in connection with a personal injury claim against Settles. However, Mosley’s Praecipe for Writ of Summons was filed one day beyond expiration of the statute of limitations set out in 42 Pa.C.S.A. � 5524(2). After the Complaint and Answer were filed, Settles moved for judgment on the pleadings, asserting the statute as a bar to recovery. The trial judge granted same and dismissed Mosley’s complaint with prejudice. Thereafter, Mosley sought and was granted reargument; the trial court ultimately ruled that her Complaint was to be deemed timely filed.

� 3 In its opinion, the trial court explained that Mosley’s counsel failed to file the Praecipe on time due to incapacitation caused by back surgery on May 19, 1999, and restrictions thereafter. The court found these facts constituted “non-negligent circumstances” and so the court granted Mosley’s request for relief. Settles asked the trial court to certify the issue for appeal, but the court refused to do so. This court granted Settles’s allowance of appeal on the issue of whether the trial court erred in permitting Mosley’s claim to go forward. The matter is now before us.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Attorney - Medical Malpractice

ROSENBERG JACOBS HELLER & FLEMING, PC of Morris Plains, NJ is seeking a full-time Attorney who has at least 5 years experience, includin...


Apply Now ›
(NEW) REAL ESTATE ASSOCIATES FOR LAW FIRM KNOWN AS BEST PLACE TO WORK; TOP PAY SCALE (Chicago, IL or other US office)

Our client, a well-regarded national law firm widely recognized as one of the top places to work, has engaged us to find multiple real estat...


Apply Now ›
COMMERCIAL REAL ESTATE PARALEGAL

COLE SCHOTZ P.C.COMMERCIAL REAL ESTATE PARALEGAL- NEW YORK OR NEW JERSEY OFFICES: Prominent mid-Atlantic law firm with multiple regional of...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements