Duckson v. Wee Wheelers, Inc.

620 A.2d 1206, 423 Pa. Super. 251, 1993 Pa. Super. LEXIS 686
CourtSuperior Court of Pennsylvania
DecidedFebruary 25, 1993
Docket1574
StatusPublished
Cited by64 cases

This text of 620 A.2d 1206 (Duckson v. Wee Wheelers, Inc.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Duckson v. Wee Wheelers, Inc., 620 A.2d 1206, 423 Pa. Super. 251, 1993 Pa. Super. LEXIS 686 (Pa. Ct. App. 1993).

Opinions

KELLY, Judge.

This appeal asks us to determine whether the trial court erred in denying Joseph Pietropaolo’s petition to open a default judgment. The trial court did not accept as reasonable appellant’s excuse for the delay in filing an answer to appellee’s complaint. The trial court, however, did not weigh the equities presented by the circumstances in this case nor balance the prejudice to the two sides, as the relevant case law requires. Thus, we hold that the trial court erred in refusing to open the default judgment, and reverse.

[254]*254We preface our reasoning with this summary of the pertinent facts and procedural history. On July 31, 1990, appellee, Maxine Duckson, was a passenger on a bus that was involved in a collision with an automobile operated by appellant. As a result of the collision, appellee alleged serious personal injuries. Appellee’s original complaint in this matter was filed on November 20,1991. On December 4, 1991, appellant received service of the complaint, and on December 5, 1991, hand delivered the complaint to his insurance agent. The Dollfus Agency transmitted the complaint to Nationwide Insurance Company, appellant’s automobile insurance carrier, on or about December 16, 1991. Technically, an answer to the complaint was due on December 24, 1991.

The file was forwarded initially to legal counsel who telephoned appellee’s counsel on Wednesday, January 8, 1992, because service of process on appellant was not of record. Counsel for appellee refused to provide any information to appellant’s counsel. In a letter dated January 10, 1992, appellant’s counsel enclosed to adverse counsel a copy of an entry of appearance and demand for a jury trial which had been duly filed on behalf of appellant.

On January 13,1992, Nationwide inadvertently assigned the case to a second attorney.1 He immediately telephoned appellee’s counsel in order to advise him that appellant was represented and to inquire if appellee’s counsel would agree to an extension to file an answer out of time. Despite several attempts by appellant’s second attorney to contact him, neither appellee’s attorney nor his office returned the phone calls. Appellant’s present counsel received the actual physical file from Nationwide on January 21, 1992.

Counsel for appellee, on January 10, 1992, directly notified appellant that appellee intended to take a default judgment. The default judgment was entered against appellant on January 23, 1992, according to the record. Appearances of counsel for appellant were entered on the record subsequent to the taking of the default judgment.

[255]*255On January 24, 1992, appellant filed a petition to open the default judgment. The trial court granted the petition to open the default judgment on February 28, 1992 because the court assumed that the petition was uncontested and the record did not reflect otherwise. On March 10, 1992, appellee advised the court that, indeed, appellant’s petition was contested. The trial court promptly vacated its prior order granting appellant’s petition to open the default judgment. After considering appellee’s opposition papers and the initial papers filed in appellant’s petition to open judgment, the court denied appellant’s petition. This timely appeal followed.

When reviewing a trial court’s disposition of a petition to open a default judgment, the appellate court must examine the entire record for any abuse of discretion, reversing only where the trial court’s findings are inconsistent with the clear equities of the case. Provident Credit Corp. v. Young, 300 Pa.Super. 117, 446 A.2d 257 (1982) (en bane). Moreover, this Court must determine whether there are equitable considerations which require that a defendant, against whom a default judgment has been entered, receive an opportunity to have the case decided on the merits. Kraynick v. Hertz, 443 Pa. 105, 277 A.2d 144 (1971); Provident Credit Corp. v. Young, supra. Where the trial court’s analysis was premised upon record evidence, where its findings of fact were deductions from other facts, a pure result of reasoning, and where the trial court made no credibility determinations, this Court may draw its own inferences and arrive at its own conclusions. Romeo v. Looks, 369 Pa.Super. 608, 624, 535 A.2d 1101, 1109 (1987) (en banc), appeal denied, 518 Pa. 641, 542 A.2d 1370 (1988), quoting American Express Co. v. Burgis, 328 Pa.Super. 167, 172, 476 A.2d 944, 947 (1987). Finally, where the equities warrant opening a default judgment, this Court will not hesitate to find an abuse of discretion. Provident Credit Corp. v. Young, supra at 124, 446 A.2d at 261.

Generally, a default judgment may be opened when the movant promptly files a petition to open, provides a meritorious defense, and offers a legitimate excuse for the delay that [256]*256caused the default. Alba v. Urology Associates of Kingston, 409 Pa.Super. 406, 598 A.2d 57 (1991); Fink v. General Accident Insurance Company 406 Pa.Super. 294, 594 A.2d 345 (1991).

Without question, in many cases where we have found that one of the three requirements for opening a judgment was not met we have stopped without considering the arguments made with regard to the other two. [Citations omitted.] It is difficult, however, to reconcile this approach with the many other cases that emphasize the equitable nature of the decision whether to grant a petition to open, and the importance of balancing the prejudice to the sides.... The question is, Can a court make an “equitable determination” of what is “reasonable under the circumstances” without considering all of the circumstances of the particular case? We think not ... [WJhere some showing has been made with regard to each part of the test, a court should not blinder itself and examine each part as though it were a water-tight compartment, to be evaluated in isolation from other aspects of the case. Instead, the court should consider each part in the light of all of the circumstances and equities of the case. Only in that way can a chancellor act as a court of conscience.

Miller Block Co. v. U.S. Nat. Bank, 389 Pa.Super. 461, 469-70, 567 A.2d 695, 699-70 (1989), appeal denied, 525 Pa. 658, 582 A.2d 324 (1990), quoting Provident Credit Corp. v. Young, supra at 130-31, 446 A.2d at 263-64 (emphasis added).

The trial court found that appellant had timely filed his petition to open and had set forth a meritorious defense. Trial Court Opinion at 3. According to the record, the default was taken on January 23, 1992. Appellant filed his petition to open the default judgment on January 24, 1992.2 Thus, appellant’s petition was prompt. Moreover, appellant avers that the bus, in making a turn, struck his vehicle which was at a [257]*257complete stop. If proved at trial,3 this defense would justify relief from liability. Thus, appellant alleges a meritorious defense for the purpose of deciding whether to open the default judgment.

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Cite This Page — Counsel Stack

Bluebook (online)
620 A.2d 1206, 423 Pa. Super. 251, 1993 Pa. Super. LEXIS 686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duckson-v-wee-wheelers-inc-pasuperct-1993.