ESTATE OF ARANDA v. Amrick

987 A.2d 727, 2009 Pa. Super. 233, 2009 Pa. Super. LEXIS 4482, 2009 WL 4350256
CourtSuperior Court of Pennsylvania
DecidedDecember 3, 2009
Docket3444 EDA 2008
StatusPublished
Cited by5 cases

This text of 987 A.2d 727 (ESTATE OF ARANDA v. Amrick) 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
ESTATE OF ARANDA v. Amrick, 987 A.2d 727, 2009 Pa. Super. 233, 2009 Pa. Super. LEXIS 4482, 2009 WL 4350256 (Pa. Ct. App. 2009).

Opinion

OPINION BY

FREEDBERG, J.:

¶ 1 This matter is before the Court on the appeal of Susan Yacovelli, the adminis-tratrix of the estate of Christopher Aran-da. She appeals from the order entered by the Court of Common Pleas of Monroe County on November 4, 2008, denying her motion to open a judgment of non pros in her wrongful death and survival case against Dr. Vidyashankar Ponnathpur. We vacate and remand.

112 On November 5, 2007, Appellant commenced proceedings by way of writ against nineteen defendants. On April 10, 2008, Appellant filed a complaint, containing averments against fifteen of the original nineteen defendants. Appellant entered into a stipulation of dismissal with the remaining four defendants. The complaint contained, inter alia, claims against Dr. Ponnathpur and against Medical Associates of Monroe County, Dr. Ponnathpur’s employer, based on a theory of vicarious liability. Because it was a professional liability suit, Appellant was required by Pa.R.C.P. 1042.3 1 to submit a certificate of *729 merit for each named licensed professional. The certificates were to be submitted either with the complaint or within sixty days of filing the complaint. Appellant attached fourteen certificates of merit to the complaint; a certificate of merit relating to Dr. Ponnathpur’s conduct was not submitted.

¶ 3 On June 10, 2008, one day after the sixty day time period to file certificates of merit expired, Dr. Ponnathpur filed a praecipe for entry of judgment of non pros. Judgment was entered the same day. On June 17, 2008, Appellant filed a “Petition to Open/Strike Judgment of Non Pros and Permit Filing of a Certificate of Merit Nunc Pro Tunc.” On November 4, 2008, the trial court denied Appellant’s petition.

¶ 4 When reviewing a refusal to open a judgment of non pros, “we may reverse the decision of the trial court only if we find that the trial court abused its discretion in reaching its determination.” Yee v. Roberts, 878 A.2d 906, 910 (Pa.Super.2005). “This means that the trial court’s decision will be overturned only if [it] reflects manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support as to be clearly erroneous.” Womer v. Hilliker, 589 Pa. 256, 908 A.2d 269, 279 (2006) (citations omitted).

¶ 5 This Court described the purpose and application of Rule 1042.3 as follows:

Rule 1042.8 provides that in an action based on an allegation that a licensed professional deviated from an acceptable professional standard, the plaintiffs attorney shall file a certificate of merit with the complaint or within 60 days after the filing of the complaint. Pa. R. Civ. P. 1042.3(a). The certificate certifies that another appropriate licensed professional has supplied a written statement that there is a basis to conclude that the care, skill, or knowledge exercised or exhibited by the defendant in the treatment, practice, or work that is the subject of the complaint fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm. A separate certificate must be filed as to each licensed professional named in the complaint. Pa. R. Civ. P. 1042.3(b). Under Rule 1042.3(d), the court upon good cause shown shall extend the time for filing a certificate of merit for a period not to exceed 60 days. Pa. R. Civ. P. 1042.3(d). This rule does not impose any restrictions on the number of extension orders that the court may enter.
If a plaintiff fails to file either a certificate of merit within the required time or a request for an extension, Rule 1042.6 provides that the prothonotary, on praecipe of the defendant, shall enter a judgment of non pros against the plaintiff.

Hoover v. Davila, 862 A.2d 591, 593 (Pa.Super.2004).

¶ 6 Appellant contends that the petition to open should have been granted based upon Pa.R.C.P. 3051, because the three-step test for relief from a judgment of non pros was satisfied; alternatively, she contends that relief was warranted under Pa. R.C.P. 126, because she substantially complied with the requirements of Rule 1042.3. Appellant argues that fairness and equitable considerations require granting relief, *730 especially in light of changes made to Rule 1042.6 subsequent to the trial court’s order.

¶ 7 Pennsylvania Rule of Civil Procedure 3051 provides:

(a) Relief from a judgment of non pros shall be sought by petition. All grounds for relief, whether to strike off the judgment or to open it, must be asserted in a single petition.
(b) If the relief sought includes the opening of the judgment, the petition shall allege facts showing that
(1) the petition is timely filed,
(2) there is a reasonable explanation or legitimate excuse for the inactivity or delay, and
(3) there is a meritorious cause of action.

Appellant contends that she has successfully fulfilled the three requirements of Rule 3051. Dr. Ponnathpur argues that Appellant did not provide a reasonable explanation for her delay in filing and has not demonstrated a meritorious cause of action. 2

¶8 In Sabo v. Worrall, 959 A.2d 347 (Pa.Super.2008), this Court considered an appeal from a denial of a petition to open a non pros judgment. The appellant was advancing a medical malpractice case, but failed to timely file the required certificates of merit. Appellant’s counsel had retained an expert, who produced a certificate of merit, and counsel was in possession of the certificate within the sixty day time period. Appellant’s counsel believed her paralegal had filed the certificate; however, she discovered upon receipt of the notice of the entry of a judgment of non pros, that the filing had not taken place. This Court stated:

Appellant’s failure to file a C[ertificate oí] M[erit] was not a procedural mistake, but neither was it a wholesale failure to take any action required by our Rules of Civil Procedure concerning a Certificate of] M[erit].... Appellant here did prepare a C[ertificate of] M[erit], and the failure to file was an inadvertent mistake or oversight by counsel’s paralegal.
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[T]he already prepared C[ertificate of] M[erit] would have been submitted timely but for the paralegal’s failure to file the C[ertificate of] M[erit] with the pro-thonotary, which Appellant’s counsel believed had been accomplished until he received notice of the entry of a judgment of non pros.

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Cite This Page — Counsel Stack

Bluebook (online)
987 A.2d 727, 2009 Pa. Super. 233, 2009 Pa. Super. LEXIS 4482, 2009 WL 4350256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-aranda-v-amrick-pasuperct-2009.