Kelly v. Siuma
34 A.3d 86
| Pa. Super. Ct. | 2011Background
- This is an appeal from a December 9, 2010 order denying BBK, Inc.’s petition to open a default judgment in favor of the Kellys.
- The Kellys filed a complaint on December 18, 2009 alleging Siuma was served alcohol at the Princeton Tavern and drove intoxicated, causing a collision.
- BBK, Inc. was named among several defendants but did not answer the Kellys’ complaint until after a default was entered.
- An Important Notice of Intent to Enter Default Judgment was mailed to BBK, Inc. on August 5, 2010; a default judgment was entered August 25, 2010.
- BBK, Inc. filed a petition to open the default judgment on October 8, 2010, and the trial court denied the petition after a hearing.
- The Pennsylvania Superior Court affirmed, upholding the denial of BBK, Inc.’s petition to open the default judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether BBK, Inc.’s petition to open was timely. | Kellys contend timeliness was not met. | BBK, Inc. argues timely given prompt filing after notice. | Timeliness not demonstrated; delay deemed not prompt. |
| Whether BBK, Inc. had a justifiable excuse for the delay in filing an answer. | Kellys assert no legitimate excuse for inaction. | BBK, Inc. claims attempted to obtain insurance coverage and miscommunication by counsel. | No legitimate excuse shown for the substantial delay. |
| Whether BBK, Inc. pleaded a meritorious defense, justifying opening of the default. | Even if meritorious defense, other prongs not met. | BBK, Inc. has a meritorious defense to the Kellys’ claims. | Merits not reached; three-prong test not satisfied overall. |
Key Cases Cited
- US Bank N.A. v. Mallory, 982 A.2d 986 (Pa. Super. 2009) (equitable review; open requires all three prongs met; abuse of discretion review applies)
- McFarland v. Whitham, 518 Pa. 496 (Pa. 1988) (tripartite test for opening default judgment; meritorious defense required for third prong)
- Seeger v. First Union National Bank, 836 A.2d 163 (Pa. Super. 2003) (equitable relief; three-prong standard applied)
- Myers v. Wells Fargo Bank, N.A., 986 A.2d 171 (Pa. Super. 2009) (second prong requires legitimate excuse for failing to respond to complaint)