Debus v. Crumb

41 Pa. D. & C.4th 374, 1999 Pa. Dist. & Cnty. Dec. LEXIS 190
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedApril 13, 1999
Docketno. 93-C-2616
StatusPublished

This text of 41 Pa. D. & C.4th 374 (Debus v. Crumb) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Debus v. Crumb, 41 Pa. D. & C.4th 374, 1999 Pa. Dist. & Cnty. Dec. LEXIS 190 (Pa. Super. Ct. 1999).

Opinion

BLACK, J.,

This personal injury case arises from a series of collisions involving four motor vehicles traveling east on Route 80 near Stroudsburg, Monroe County, Pennsylvania, on November 18,1991. Before the court is the motion of additional defendant, Walter A. Reed Jr., for the entry of a judgment of non pros or in the alternative for summary judgment [376]*376on the joinder complaint of defendants, David E. Crumb and Anthracite Industries Inc.

In seeking a judgment of non pros, Reed argues that defendants prejudiced his ability to prepare a defense by failing to rule plaintiffs, James Debus and Carol A. Debus, to file a complaint. This failure allowed plaintiffs to delay filing their complaint for more than three years after they had commenced suit by praecipe for writ of summons. In seeking summary judgment, Reed asserts that defendants have failed to produce any evidence of a causal connection between his alleged negligence and the injuries to plaintiffs. For the reasons stated below, we disagree with Reed on both grounds and deny his motion for judgment.

FACTUAL BACKGROUND

According to defendants’ joinder complaint, the injuries to the wife-plaintiff, Carol E. Debus, occurred as a result of three collisions involving four motor vehicles. First, a Winnebago operated by Reed struck the automobile of Amy Touzet from the rear. Behind these two vehicles were an automobile operated by Elise Landau in which wife-plaintiff was a passenger, and a truck operated by defendant Crumb and owned by defendant Anthracite. A second collision occurred when the truck operated by defendant Crumb struck the Landau automobile from the rear. As a result of this second collision, the Landau vehicle was pushed into the Winnebago, resulting in a third collision between the Winnebago and the Landau automobile. Wife-plaintiff suffered multiple personal injuries in the second and third collisions.

PROCEDURAL HISTORY

Plaintiffs filed suit against defendants on November 18, 1993, precisely two years after the collisions, by [377]*377praecipe for writ of summons. The writ of summons was served on defendants Crumb and Anthracite on December 8,1993 and December 14,1993, respectively. Neither defendant ruled plaintiffs to file a complaint.

On March 3, 1997, approximately three years and four months later, plaintiffs finally filed their complaint, in which they alleged that the sole cause of the injuries to wife-plaintiff was negligence on the part of defendants. Plaintiffs allege that defendant Crumb was negligent in his operation of the truck that struck the Landau automobile from the rear. Plaintiffs assert that defendant Anthracite is also liable on two grounds, first, on the basis of vicarious liability for actions of its employee, defendant Crumb, and second, for negligence in entrusting the vehicle to Crumb’s care. The negligent entrustment claim has been severed for trial purposes.

On March 24, 1997, defendants filed a praecipe for writ to join Reed and Cruise America Motor Homes Inc. as additional defendants. After some difficulty, defendants were able to effect service on Reed on October 8, 1997. The joinder of Cruise America Motor Homes Inc. was later discontinued by stipulation of the parties.

On February 6, 1998, plaintiffs were deposed by defendants. Reed was invited to participate in the deposition, but declined to do so. At this point, Reed had not yet been served with defendants’ complaint against him, but he had been served with the writ joining him as an additional defendant.

On March 3, 1998, defendants filed their complaint against Reed seeking contribution and/or indemnification from him. No claim was asserted against him for sole liability, the statute of limitations having long expired on such a claim. A praecipe for appearance was filed on behalf of Reed on March 17, 1998. Initially, Reed filed preliminary objections to defendants’ com[378]*378plaint, but these were withdrawn without prejudice, and Reed subsequently filed an answer on August 3, 1998.

On June 3, 1998, Elise Landau and Reed were both deposed. Counsel for Reed participated in these depositions. On October 30, 1998, defendant Crumb was deposed. Again, counsel for Reed participated in the deposition.

DISCUSSION

I. The Motion for Judgment of Non Pros

Reed acknowledges that since defendants joined him within 60 days from the date plaintiffs’ complaint was served on them, joinder was timely under Pennsylvania Rule of Civil Procedure 2252. Reed argues, however, that defendants should have ruled plaintiffs to file a complaint instead of sitting back and waiting, because had defendants done so promptly, plaintiffs would have been required to file their complaint in January 1994, and defendants would then have been required to join Reed as an additional defendant by March 1994. Since the actual joinder was not effected until March 24, 1997, Reed was not informed of the suit until five years and four months after the accident, a delay that he claims hampered his efforts to prepare a defense.

There is no authority in Pennsylvania for applying the doctrine of non pros against a defendant for failing to rule a plaintiff to file a complaint. Nothing in the Pennsylvania Rules of Civil Procedure or in any decided case suggests that a defendant is obligated to seek such a rule.

Reed attempts to analogize the facts here to those in Lamp v. Heyman, 469 Pa. 465, 366 A.2d 882 (1976). Lamp, however, involved a wholly different issue. There, the plaintiff, who had commenced suit by prae[379]*379cipe for writ of summons, instructed the prothonotary not to deliver the writ to the sheriff for service. The Pennsylvania Supreme Court held that by preventing timely service of the writ, the plaintiff had started the very legal machinery he had just set in motion. Accordingly, the court held that the praecipe for writ of summons was not effective to toll the statute of limitations, and plaintiff’s claim was held barred by the statute of limitations.

There are several reasons why Lamp is inapposite. First, the statute of limitations is not an issue in this case. The only claims against Reed are for contribution and indemnification. The limitations period on a contribution claim does not begin to run until the time judgment is entered in favor of the original plaintiff. See Mattia v. Sears, Roebuck & Co., 366 Pa. Super. 504, 508, 531 A.2d 789, 791-92 (1987). On an indemnification claim, there appears to be a split of authority, with some cases holding that the limitations period begins when judgment is entered against the party seeking indemnification and others holding that it does not begin until this party has actually discharged his obligation to the plaintiff. Cf. Kitchen v. Grampian Borough, 421 Pa. 464, 219 A.2d 685 (1966) (entry of judgment) with Rivera v. Philadelphia Theological Seminary, 510 Pa. 1, 507 A.2d 1 (1986) (discharge of liability).

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Bluebook (online)
41 Pa. D. & C.4th 374, 1999 Pa. Dist. & Cnty. Dec. LEXIS 190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/debus-v-crumb-pactcompllehigh-1999.