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Romsteadt v. Elf Atochem North America, Inc.

Order dismissing appellant's joinder complaint for inactivity reversed because appellant completed the required task to bring the case to trial when it filed the notice of appeal from an arbitration award that joined defendant refused to acknowledge; the delay in the case was the fault of the court, not of appellant.

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J. A07004/01

2001 PA Super 161

�1 This is an appeal from an order which, inter alia, dismissed with prejudice Appellant’s Joinder Complaint against Appellee (“Hubbard”). The procedural history of this case may be summarized as follows. Richard Romsteadt and his wife filed a tort action against Appellant for injuries sustained by Romsteadt while working as an employee of Hubbard on Appellant’s property. Appellant joined Hubbard as an additional defendant. The parties proceeded to arbitration, which was binding between the Romsteadts and Appellant, but non-binding between Appellant and Hubbard. The arbitrator entered an award, which was paid in full by Appellant. Hubbard refused to acknowledge the arbitration award; thus, Appellant filed a notice of appeal from the award as to matters relating to its claim against Hubbard. The notice of appeal, which requested a trial de novo, was filed July 23, 1997. After this date, no further action in the matter occurred until April 11, 2000, when Hubbard filed a Motion to Dismiss the Joinder Complaint for docket inactivity. After several intermediate procedural steps, the Motion to Dismiss was ultimately granted, upon a finding by the trial court that Hubbard had satisfied the requirements set forth in Jacobs v. Halloran, 710 A.2d 1098 (Pa. 1998). *fn1

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