Jones v. Trexler
Jones v. Trexler
Opinion of the Court
This is an appeal from an order of the lower court summarily dismissing appellants’ petition to open or to strike the judgment entered against them on October 30, 1978. For the reasons stated herein we affirm the order of the lower court.
The essential facts of this case are not in dispute and may be summarized as follows: On June 17,1975 sixteen year old Craig Allen Jones sustained fatal injuries when he was struck by a tractor-trailer truck while riding his bicycle. Bertram E. Jones and Andrea J. Jones, as administrators of decedent’s estate and individually commenced an action in trespass against James M. Trexler
Thereupon appellees, after notifying appellants of their intention to initiate sanction procedures, filed a motion for an order of sanction pursuant to Pa.R.C.P. 4019(c)(3) on October 17, 1977 seeking dismissal of appellants’ complaint and entry of judgment in favor of appellees. Contemporaneously appellees filed a petition for a rule to show cause why the motion for order of sanction should not be granted, which the court issued returnable on November 7, 1977.
No answers to the rule or interrogatories having been filed, appellees, by letter dated November 23, 1977 notified appellants of their intention to appear in court and move the rule be made absolute on November 28,1977. Subsequently,
On December 30, 1977, appellants filed a petition to open or to strike the order dismissing their complaint. Appellees filed an answer thereto on January 13, 1978.
The case was listed for argument on September 5, 1978, and, upon the motion of appellants, the court granted a continuance until the October 2, 1978 argument court. On October 2, 1978, appellants again moved for a continuance; the motion was granted, over appellee’s objection, with the proviso that the case be argued on October 30, 1978 or the petition would be dismissed.
Contrary to Berks County local rules of court
Four issues are presented for our review. At the threshold of our consideration is appellants’ contention that the lower court abused its discretion by dismissing appellants’
“The rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable. The court at every stage of any such action or proceeding may disregard any error or defect of procedure which does not affect the substantial rights of the parties.”
Nevertheless, the Pennsylvania Rules of Civil Procedure, promulgated for the orderly administration of justice, cannot be ignored but must be followed in order to insure the smooth and efficient operation of the judicial process.
In this case, we are of the opinion that appellants’ counsel has flagrantly and repeatedly violated the rules of court by constant delay and inaction.
Accordingly, we need not address appellants’ remaining contentions.
Affirmed.
. James M. Trexler was driving the tractor-trailer truck.
. Commercial Leasing Inc., owned the tractor-trailer truck.
. Ennis Manufacturing Company, Inc., leased the tractor-trailer truck and employed James M. Trexler.
. The local rules of court pertaining to arguments provide, as follows:
“Section 85. The party having the burden shall, at least ten (10) days before argument, serve a copy of brief of argument on the opposing counsel and shall file two (2) copies thereof with the Prothonotary or Clerk of Court as applicable, for distribution to the court . . .
“Section 87. The opposing party shall, at least four (4) days before argument, except in criminal cases at least three (3) days before argument, serve a copy of brief of argument on the opposing counsel and file two (2) copies thereof with the Prothonotary or Clerk of Court as applicable, for distribution to the court . . .
“Section 88. Unless otherwise ordered by the court, filing of briefs and oral arguments shall be required in all cases . . . .”
. The docket entries display a lack of diligent prosecution of appellants’ case from the onset. The action was instituted by the filing of a writ of summons one day before the expiration of the statute of limitations. The writs were not served until after the statute had run. Appellees ruled the appellants to file a complaint on June 23, 1976 but none was filed until April 7, 1977, more than nine months later. We suspect that this is the type of situation that motivated our Supreme Court to adopt the “240 day rule” for civil cases. See Chief Justice Eagen’s order entered November 19, 1979 to No. 161, E.D. Mise. Docket 1979.
Dissenting Opinion
dissenting.
This case involves the death of a 16 year old cyclist allegedly as a result of the negligent operation of a tractor trailer. To dismiss with prejudice such an action for what is basically a failure to respond to form interrogatories seems unnecessarily harsh and misdirected. It is the lawyer who should be punished for his disregard of the rules, not his innocent client. Why throw the baby out with the bathwater.
Reference
- Full Case Name
- Bertram E. JONES and Andrea J. Jones, Administrators of the Estate of Craig Allen Jones, Deceased; Bertram E. Jones and Andrea J. Jones, Individually, Appellants, v. James M. TREXLER, Commercial Leasing Inc. and Ennis Manufacturing Company, Inc., a Division of Easco Tool Corporation, Appellees
- Cited By
- 5 cases
- Status
- Published