Haines v. Jones

830 A.2d 579, 2003 Pa. Super. 283, 2003 Pa. Super. LEXIS 2326
CourtSuperior Court of Pennsylvania
DecidedJuly 30, 2003
StatusPublished
Cited by32 cases

This text of 830 A.2d 579 (Haines v. Jones) 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
Haines v. Jones, 830 A.2d 579, 2003 Pa. Super. 283, 2003 Pa. Super. LEXIS 2326 (Pa. Ct. App. 2003).

Opinion

OPINION BY BENDER, J.:

¶ 1 Stacia R. Haines (Appellant) appeals from the October 23, 2002 order in which, following reconsideration, the trial court reaffirmed its grant of summary judgment in favor of Jennifer Jones (Appellee). We affirm.

¶ 2 On October 27, 1998, Appellant was stopped at an intersection on State Route 4032 in Indiana County, Pennsylvania, while she waited for the driver in front of *582 her to complete a left-hand turn. As Appellant was waiting, she was hit from behind by the car being driven by Appellee. Appellant’s ear then bumped into the car in front of her, resulting in a three car accident. As a result of the accident, Appellant suffered cervical subluxation and frequent migraine headaches. Appellant began treatment with a chiropractor for her medical injuries, but, because her condition did not improve, she was subsequently referred to a neurologist.

¶ 3 At the time of the accident, Appellant had an automobile insurance policy in which she had elected the limited tort option with a first party $10,000 medical benefit. On October 11, 2000, almost two years after the accident, Appellant requested copies of her insurance file to determine how much of her $10,000 medical benefit had been consumed, which, at that time, amounted to approximately $5,000. Shortly thereafter, the two-year statute of limitations (calculated from the date of the accident) expired for a possible negligence claim against Appellee.

¶ 4 However, Appellant required ongoing medical treatment for her injuries after the expiration of the two-year statute of limitations. When Appellant failed to make progress on her then current medical regimen, Appellant’s doctor modified her treatment, which entailed prescribing different and more expensive medications. Accordingly, Appellant exhausted her entire $10,000 medical benefit by November of 2001, and Appellant was forced to personally defray the costs of her continuing medical treatment.

¶ 5 Appellant initiated a lawsuit against Appellee on October 17, 2001, almost three years after the date of the car accident, asking for compensatory damages for medical expenses in excess of Appellant’s $10,000 first party medical benefit. Advancing the affirmative defense of expiration of the two-year statute of limitations for a cause of action grounded on negligence pursuant to 42 Pa.C.S. § 5524(2), Appellee filed a motion for summary judgment. 1 In her reply to Appellee’s motion for summary judgment, Appellant argued that her cause of action did not accrue until she knew or, by exercising reasonable diligence, should have known that her actual medical expenses would exceed her $10,000 first party medical benefit. The trial court rejected Appellant’s argument and granted Appellee’s motion for summary judgment on May 21, 2002.

¶ 6 On June 3, 2002, Appellant filed a motion for reconsideration. On June 11, 2002, i.e., within the thirty-day period in which Appellant could have filed a direct appeal from the order granting summary judgment, the trial court expressly granted Appellant’s motion for reconsideration and agreed to review its order granting summary judgment. Nevertheless, on October 23, 2002, after oral arguments, the trial court denied Appellant’s requested relief and essentially reaffirmed its grant of summary judgment in favor of Appellee. On November 20, 2002, Appellant filed a timely notice of appeal to the October 23, 2002 order denying relief under her motion for reconsideration.

¶ 7 Before addressing the merits of this appeal, we must consider Appellee’s argument that we do not have jurisdiction because Appellant’s notice of appeal was not timely filed. Essentially, Appellee argues that Appellant filed her notice of appeal on November 20, 2002, which is more than thirty days following entry of the summary judgment order and, moreover, Appellant’s filing of a motion for reconsideration was not effective in tolling the appeal period *583 because the trial court failed to expressly grant the motion for reconsideration.

¶ 8 Appellee relies on Pa.R.A.P. 1701 (entitled, “Effect of Appeal Generally”) in support of her argument that Appellant’s motion for reconsideration failed to toll the appeal period. In pertinent part, Rule 1701(b)(8) indicates that when the trial court expressly grants reconsideration of an order that is the subject of an appeal, such grant of reconsideration renders the previously filed notice of appeal inoperative. Thereafter, the time for filing an appeal begins to run anew from the point the trial court enters a decision on reconsideration, whether or not such decision constitutes a reaffirmation of the prior, original, order. Id. Appellee argues that the trial court never expressly granted Appellant’s motion for reconsideration and, therefore, the appeal period was not tolled pursuant to Rule 1701(b)(3). We disagree. The certified record contains the order dated June 11, 2002, which expressly granted Appellant’s motion for reconsideration.

¶ 9 However, neither party recognizes that Rule 1701 GOVERNS what actions the TRIAL court MAY TAKE AFTER A NOTICE OF APPEAL HAS BEEN FILED. HERE, APPELLANT DID NOT FILE A NOTICE OF APPEAL FROM THE ORIGINAL SUMMARY JUDGMENT ORDER PRIOR TO ASKING FOR RECONSIDERATION. INSTEAD, SHE FILED HER NOTICE OF APPEAL FOLLOWING THE OCTOBER 28, 2002 ORDER ENTERED AFTER THE COURT’S RECONSIDERATION OF SUMMARY JUDGMENT. Nevertheless, “the Concepts embodied in Rule 1701(b)(3) are derived from our Supreme Court’s decision in Alco Parking Corp. v. City of Pittsburgh [,]” 453 Pa. 245, 307 A.2d 851 (1973), rev’d on other grounds, 417 U.S. 369, 94 S.Ct. 2291, 41 L.Ed.2d 132 (1974), a case proeedurally similar to the instant case in which our Supreme Court permitted the appeals period to be tolled pending reargument in the Commonwealth Court. See 2 G. Ronald Darlington, et al., Pennsylvania Appellate Practice § 1701:22 (2d ed. 2001 & Supp.2002).

¶ 10 The appellants in Alco petitioned for allowance of appeal to the Supreme Court only after the Commonwealth Court granted their motion for reargument, heard such reargument, and reaffirmed its initial decision. The appellee sought to quash the appeal to the Supreme Court, arguing that the appellants’ notice of appeal was filed almost five months after the Commonwealth’s original decision. Our Supreme Court declined to quash the appeal, reasoning as follows:

The granting of a petition for reargument within the 30 day appeal period necessarily indicates an intention by the granting court to stay the proceedings, and is in reality such a stay, in order to keep the record before that court, during reargument, pending any change or modification of the court’s initial order after reargument. In these circumstances to require appellants to file a petition for allowance of appeal within 30 days of the original order of the Commonwealth Court would have the effect of placing them in two courts at the same moment. It is legally and physically impossible for the record in any case to be pending before two separate ... courts of this Commonwealth simultaneously.

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Bluebook (online)
830 A.2d 579, 2003 Pa. Super. 283, 2003 Pa. Super. LEXIS 2326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haines-v-jones-pasuperct-2003.