Roberts v. Karotka

15 Pa. D. & C.3d 685, 1980 Pa. Dist. & Cnty. Dec. LEXIS 401
CourtPennsylvania Court of Common Pleas, Erie County
DecidedJuly 23, 1980
Docketno. 291-A-1979
StatusPublished

This text of 15 Pa. D. & C.3d 685 (Roberts v. Karotka) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Erie County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberts v. Karotka, 15 Pa. D. & C.3d 685, 1980 Pa. Dist. & Cnty. Dec. LEXIS 401 (Pa. Super. Ct. 1980).

Opinion

PFADT, J.,

— The Commonwealth of Pennsylvania, Department of Transportation filed preliminary objections contesting its inclusion as an additional defendant in a case where an automobile accident occurred on an exit ramp of Interstate 90 near North East, Pennsylvania, followr ing a snowstorm, on January 13, 1978. Its objections are threefold: (1.) that defendant failed to join it within 60 days from the service of the complaint, thus violating Pa.R.C.P. 2253; (2.) that defendant failed to notify the Commonwealth of its intention to sue within six months from the date of the accident, thus barring recovery as per 42 Pa.C.S.A. § 5522(a); and (3.) that the suit is barred [687]*687by sovereign immunity since the action allegedly is not permitted by section 5110 of the Judicial Code: 42 Pa.C.S.A. §5110 (Act.152).

The Commonwealth’s objections are sustained with regard to the noncompliance of defendant with 42 Pa.C.S.A. 5522(a), and defendant shall be directed to file an amended complaint as set out hereafter.

The Commonwealth’s position with regard to Pa.R.C.P. 2253 and the Common wealth’s,untimely joinder is simply not substantiated by the facts. Alas, the Commonwealth seems to have mistaken this case for another, and the dates it relies upon are not in agreement with those on the docket maintained by the prothonotary of Erie County. Thus., its objections regarding the alleged violation of Pa.R.C.P. 2253 must be dismissed, for only 55 days elapsed from the date of service of the complaint and defendant’s joining of the Commonwealth.

Similarly, the Commonwealth’s assertion thát it never received formal notification of defendant’s intention to sue is incorrect. The letter complying with the requirements of 42 Pa.C.S.A. §5522(a) was included as an exhibit to defendant’s brief and its mailing date is several days before defendant’s complaint was filed. However, the notification itself is well beyond the six month limitation of 42 Pa.C.S.A. §5522(a). As a result, the effect of defendant’s noncompliance with this section must be decided.

The original defendant’s complaint against the Commonwealth seeks the following relief:

“11. All of which negligence has caused the plaintiff, Arthur E. Roberts, damage to his automobile in the amount of $834.06.

“12. All of which negligence caused the defend[688]*688ant damage to his automobile in the amount of $1106.49.

“WHEREFORE, Defendant demands judgment against the Additional Defendant in the amount not in excess of $10,000.00 plus all costs of this action.”

Thus, defendant has two claims for damages, his own and, seemingly, a claim of contribution or indemnity against the Commonwealth should liability be found with regard to the plaintiff’s claim.

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Related

Mistecka v. Commonwealth
408 A.2d 159 (Commonwealth Court of Pennsylvania, 1979)

Cite This Page — Counsel Stack

Bluebook (online)
15 Pa. D. & C.3d 685, 1980 Pa. Dist. & Cnty. Dec. LEXIS 401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-karotka-pactcomplerie-1980.