Cardona, M. v. Buchanan, C.
230 A.3d 476
Pa. Super. Ct.2020Background
- Cardona filed a writ (2007) and a complaint (2009) for injuries from a Dec. 19, 2005 slip-and-fall in a parking lot owned by The Dominion Group.
- Depositions: plaintiff in 2011; defendant Cecil Buchanan in 2014. In 2012 the action against Dominion was dismissed with prejudice by stipulation.
- After long inactivity (2014–2018), the case was listed for arbitration in Oct. 2018; Buchanan moved to dismiss for lack of prosecution (Nov. 2018).
- An evidentiary hearing was held in April 2019; the trial court entered a judgment of non pros (dismissal with prejudice) in April 2019.
- Cardona appealed in May 2019 without first filing a petition to open the judgment under Pa.R.Civ.P. 3051.
- The Superior Court affirmed, holding Cardona waived her appellate claim by failing to file a Rule 3051 petition to open, relying on Sahutsky.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court applied the correct standard and treated the motion improperly (motion to dismiss vs. judgment of non pros) | Court misapplied standards and improperly dismissed the claim with prejudice | Dismissal was proper due to plaintiff's delay and prejudice to defendant | Appeal waived: Cardona failed to file a Rule 3051 petition to open, so substantive challenge to the non pros is forfeited; judgment affirmed |
Key Cases Cited
- Sahutsky v. H.H. Knoebel Sons, 782 A.2d 996 (Pa. 2001) (failure to file a Rule 3051 petition to open before appealing waives claims challenging a judgment of non pros)
- Bartolomeo v. Marshall, 69 A.3d 610 (Pa. Super. 2013) (appeal from a judgment of non pros is properly brought from denial of a petition to open)
- Wilson v. Plumstead Tp. Zoning Hearing Bd., 936 A.2d 1061 (Pa. 2007) (appellate court may affirm on any ground)