Bloom v. B'Nai Emanual

56 Pa. D. & C.2d 639, 1971 Pa. Dist. & Cnty. Dec. LEXIS 44
Pennsylvania Court of Common Pleas, Alleghany County·Decided October 28, 1971·No. no. 1854·Published·Cited by 2 cases

Opinion

SILVESTRI, J.,

On August 26, 1969, plaintiff, Pearl Bloom, while attending an affair at B’Nai Emunoh Congregation (hereinafter referred to as Emunoh) at 4315 Murray Avenue, Pittsburgh, Pa., fell on the premises sustaining injuries. The accident was reported and the insurance carrier for Emunoh conducted an investigation thereof, took photographs of the scene and interviewed plaintiff. From time to time thereafter, the carrier spoke with plaintiff and made an offer in settlement of the claim. About a year after the accident, plaintiff retained her present counsel who notified the carrier by letter dated August 20, 1970, of his representation of plaintiff. In the letter, as dictated to his secretary, Emunoh was referred to as the tortfeasor; however, when the letter was transcribed the tortfeasor was named as B’Nai Emanual Synagogue. The letter was received by the carrier of Emunoh and was placed in the claim file of Emunoh. Thereafter counsel for plaintiff and the carrier conversed on several occasions relative to exchanging information and discussing possible settlement of the claim.

At no time was there any question raised that the accident did not occur at Emunoh, nor was the error in the letter of August 20, 1970, brought to the attention of counsel for plaintiff by the carrier.

On August 19, 1971, seven days prior to the expiration of the statute of limitations, counsel for plaintiff filed a praecipe for writ of summons in trespass. In preparing the same, the secretary from the letter of August 20, 1970, named as defendant B’Nai Emanual Synagogue. This error was overlooked by counsel and the writ issued as praeciped. However, the sheriff was [641]*641directed to serve the writ

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Bloom v. B'Nai Emanual, 56 Pa. D. & C.2d 639, 1971 Pa. Dist. & Cnty. Dec. LEXIS 44 (Pa. Super. Ct. 1971).

56 Pa. D. & C.2d 639 (Bloom v. B'Nai Emanual) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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