Stoppie v. Johns

720 A.2d 808, 1998 Pa. Commw. LEXIS 864
CourtCommonwealth Court of Pennsylvania
DecidedNovember 18, 1998
StatusPublished
Cited by11 cases

This text of 720 A.2d 808 (Stoppie v. Johns) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stoppie v. Johns, 720 A.2d 808, 1998 Pa. Commw. LEXIS 864 (Pa. Ct. App. 1998).

Opinion

FLAHERTY, Judge.

William P. Stoppie, Marcie Stoppie, Wil-marc Construction, Inc., collectively Appellants, appeal from an order of the Court of Common Pleas of Schuylkill County (trial court) which denied Appellants’ motion to amend their complaint and granted the motion filed by James Johns (Johns) and the Township of Cass (Township) for judgment on the pleadings. We affirm.

Appellants filed a complaint on January 15, 1997.1 Appellants are the owners of real [809]*809property located in the Township, which they decided to develop for residential purposes in April, 1996. Johns, the sewage enforcement officer for the Township, performed percolation tests on the property to determine its suitability for on-site sewage systems. Johns stated that the property passed the percolation tests and that it was suitable for on-site sewage systems.

On July 15, 1996, July 26, 1996, August 7, 1996, and September 5, 1996, the Department of Environmental Protection (DEP) retested the property and determined that it was not suitable for standard on-site sewage systems. Appellants had expended $157,-746.00 in development costs which they would not have expended if Johns had properly performed and reported the tests. Appellants claimed that Johns was negligent in not properly conducting and reporting the percolation test and that the Township was negligent in not hiring a competent sewage enforcement officer and in not properly supervising Johns’ work with respect to the tests performed on Appellants’ property.

Thereafter, the Township and Johns filed an answer claiming the defense of official and governmental immunity and filed a motion for judgment on the pleadings based on those defenses. Plaintiffs thereafter filed a motion to amend their complaint with respect to Johns to include allegations of knowing and willful misconduct. In opposition to the motion, the Township and Johns raised the issue of the six-month statute of limitations contained in 42 Pa.C.S. §5522(b)(1) asserting that Appellants cannot amend their complaint after the statute of limitations has run.

On May 7,1997, the trial court granted the Township’s and Johns’ motion for judgment on the pleadings based on official and governmental immunity. The trial court reasoned that a cause of action against the Township based on negligence is barred by the doctrine of governmental immunity, 42 Pa.C.S. §8541 and that no exception therein is applicable. With respect to Johns, the trial court determined that a cause of action against him, acting in his capacity as the Township’s sewage enforcement officer, based on negligence, is barred by the doctrine of official immunity, 42 Pa.C.S. §8545. The trial court also denied Appellants’ motion to amend their complaint on the grounds that the applicable six-month statute of limitations for bringing an action against a governmental official had expired before the April 15, 1997 motion to amend filed by Appellants. This appeal followed.

In reviewing a grant of judgment on the pleadings, this court’s review is limited to determining whether the trial court committed an error of law or abused its discretion. Kerr v. Borough of Union City, 150 Pa.Cmwlth. 21, 614 A.2d 338 (Pa.Cmwlth.1992), petition for allowance of appeal denied, 534 Pa. 651, 627 A.2d 181 (1993). A motion for judgment on the pleadings is in the nature of a demurrer in which all of the non-movant’s well-pleaded allegations are viewed as true, but only those facts specifically admitted by the non-movant party may be considered against him. Id. Such a motion may be granted only where the uw is clear that a trial would be a fruitless exercise. E-Z Parks, Inc. v. Philadelphia Parking Authority, 110 Pa.Cmwlth. 629, 532 A.2d 1272 (1987), petition for allowance of appeal denied, 519 Pa. 656, 546 A.2d 60 (1988).

The only issue in this case is where Appellant’s amended complaint alleges that the Township sewage enforcement officer engaged in willful misconduct, is the six month statute of limitations contained in 42 Pa.C.S. §5522(b)(1) applicable or is the two-year statute of limitations set forth in 42 Pa.C.S. §5524(7) applicable.

Generally, amendments to pleadings are liberally granted. However, an amendment may not introduce a new cause of action after the statute of limitations has run. Willett v. Evergreen Homes Inc., 407 Pa.Super. 141, 595 A.2d 164 (Pa.Super.1991), petition for allowance of appeal denied, 529 Pa. 623, 600 A.2d 539 (1991). In this case, the original complaint filed by Appellants alleged negligence on the part of Johns and the Township. The proposed amended corn-[810]*810plaint alleged that Johns engaged in willful misconduct.2

Township and Johns maintain that the statute of limitations set forth in 42 Pa.C.S. §5522(b)(1) is applicable to this case, while Appellants maintain that 42 Pa.C.S. §5524(7) applies. The relevant portion of 42 Pa.C.S. §5522(b)(1) provides:

(b) Commencement of action required. - The following actions and proceedings must be commenced within six months:
(1)An action against any officer of any government unit for anything done in the execution of his office, except an action subject to another limitation specified in this subchapter.

(Emphasis added.) The relevant portions of 42 Pa.C.S. §5524(7) provide:

The following actions and proceedings must be commenced within two years:
(1) An action for assault, battery, false imprisonment, false arrest, malicious prosecution or malicious abuse of process.
(2) An action to recover damages for injuries to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.
(3) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof.
(4) An action for waste or trespass of real property.
(5) An action upon a statute for a civil penalty or forfeiture.
(6) An action against any officer of any government unit for the nonpayment of money or the nondelivery of property collected upon on execution or otherwise in his possession.
(7) Any other action or proceeding to recover damages for injury to person or property which is founded on negligent, intentional, or otherwise tortious conduct or any other action or proceeding sounding in trespass, including deceit or fraud, except an action or proceedings subject to another limitation specified in this sub-chapter.

(Emphasis added.) Both §5522(b)(l) and §5524(7) are in the same subchapter.

Appellants maintain that the critical language in §5522(b)(l), which contains the six-month statute of limitations, provides that it is applicable “except [where] an action [is] subject to another limitation specified in this subchapter.” 42 Pa.C.S. §5522(b)(1).

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Bluebook (online)
720 A.2d 808, 1998 Pa. Commw. LEXIS 864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stoppie-v-johns-pacommwct-1998.