Madrid v. ALPINE MOUNTAIN CORP.
24 A.3d 380
| Pa. Super. Ct. | 2011Background
- Madrid plaintiffs allege injuries from snow tubing at Alpine Mountain in 2004.
- They filed a premises liability suit against Alpine on December 19, 2005.
- Depositions of Madrid plaintiffs and witness DeConti were taken January 24, 2007.
- Alpine moved for summary judgment, which was denied May 29, 2007; additional depositions followed.
- On September 15, 2007, Madrids served supplemental requests for admissions; no further docket activity.
- Alpine moved to dismiss for lack of prosecution on January 27, 2010; the court dismissed the case March 8, 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition to open judgment of non pros was properly denied | Madrid asserts Rule 3051 merits relief (timely, excused delay, meritorious action). | Alpine contends the petition was untimely, not reasonably explained, and lacked a meritorious action. | Denied; petition untimely and no excusable delay or meritorious action shown. |
Key Cases Cited
- Jung v. St. Paul's Parish, 522 Pa. 167 (1989) (three-element test for opening non pros)
- Stephens v. Messick, 799 A.2d 793 (Pa. Super. 2002) (merits of meritorious action and promptness under Rule 3051)
- Parkway Corp. v. Margolis Edelstein, 861 A.2d 264 (Pa. Super. 2004) (abuse of discretion standard for denial/opening judgments)
- Karn v. Quick & Reilly Incorporated, 912 A.2d 329 (Pa. Super. 2006) (Issue preservation under Rule 1925; waiver when not raised)
- Sahutsky v. Mychak, Geckle & Welker, P.C., 900 A.2d 866 (Pa. Super. 2006) (untimely petition invalid without reasonable excuse)
- LaCaffinie v. Mirk, Inc., 719 A.2d 361 (Pa. Super. 1998) (Rule 3051 requires three elements; not excused by ignorance)
- Florig v. O'Hara, 912 A.2d 318 (Pa. Super. 2006) (meritorious cause of action standard for relief from non pros)
- Penn Piping, Inc. v. Insurance Company of North America, 529 Pa. 350 (1992) (presumed prejudice for non pros before Jacobs trilogy (abrogated by later decisions))
- Jacobs v. Halloran, 551 Pa. 350 (1998) (abrogated Penn Piping presumption; requires actual prejudice for non pros)
- Simmons v. Luallen, 563 Pa. 589 (2000) (meritorious action defined as pleaded and proved at trial entitlement to relief)