Brown v. Leger
40 Pa. D. & C.5th 569
Pennsylvania Court of Common P...2014Background
- Brown filed a negligence complaint on January 13, 2012 against Leger, Long, and Progressive for an January 14, 2010 accident.
- Leger and Long moved for summary judgment; Brown did not oppose within deadline after court administrator set briefing dates.
- Discovery disputes arose: Leger and Long served interrogatories and requests for production; Brown failed to respond.
- Special trial master granted sanctions against Brown for nonresponse, culminating in a December 30, 2013 order barring Brown from testifying on topics related to those discovery requests.
- Brown did not timely appeal the sanctions order, making it the law of the case for purposes here.
- The court granted summary judgment to Leger and Long, concluding Brown could not meet her burden due to the sanctions preclusion and lack of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sanctions preclude Brown's evidence | Brown | Leger and Long | Sanctions preclude Brown's related evidence |
| Whether Brown has evidence to prove negligence | Brown | Leger and Long | No genuine issue of material fact remains |
| Whether lack of opposition justifies grant of summary judgment | Brown | Leger and Long | Summary judgment granted due to lack of opposition and undisputed record |
Key Cases Cited
- Bumbarger v. Peerless Indem. Ins. Co., 93 A.3d 872 (Pa. Super. 2014) (summary judgment standard; record viewed in nonmoving party's favor)
- AJT Properties, LLC v. Lexington Ins. Co., 26 Pa. D. & C. 5th 302 (Lacka. Co. 2012) (summary judgment analysis; lack of material fact)
- Schemberg v. Smicherko, 85 A.3d 1071 (Pa. Super. 2014) (elements of negligence; expert testimony often required)
- Sedor v. Community Medical Center, 16 Pa. D. & C. 5th 202 (Lacka. Co. 2010) (burden of proof and evidence standards in negligence actions)
- Kovalev v. Sowell, 839 A.2d 359 (Pa. Super. 2003) (causal nexus between negligence and injury; expert testimony often required)
- Gilbert v. Synagro Cent., LLC, 90 A.3d 37 (Pa. Super. 2014) (burden of proof and sufficiency of evidence)
- Lomeo v. Davis, 53 Pa. D. & C. 4th 49 (Lacka. Co. 2001) (evidence standards in civil actions)
- Morgan Guar. Trust Co. of New York v. Mowl, 705 A.2d 923 (Pa. Super. 1998) (law-of-the-case concept and review of sanctions orders)