Thomas v. Hartman

35 Pa. D. & C.4th 440, 1996 Pa. Dist. & Cnty. Dec. LEXIS 91
CourtPennsylvania Court of Common Pleas, Monroe County
DecidedOctober 29, 1996
Docketno. 2554-1994
StatusPublished

This text of 35 Pa. D. & C.4th 440 (Thomas v. Hartman) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Monroe County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thomas v. Hartman, 35 Pa. D. & C.4th 440, 1996 Pa. Dist. & Cnty. Dec. LEXIS 91 (Pa. Super. Ct. 1996).

Opinion

CHESLOCK, J.,

This action arises out of an automobile accident that occurred on April 23, 1991, in which Lorilee Thomas and Albert Hartman were travelling in an automobile that collided with a tree. Following the accident, on April 16, 1993, plaintiffs filed suit against Wayro Inc. t/a Crossroads Bar, Wayne Picciano, as owner of Crossroads, and Jody Robbins. In that case, Lorilee Thomas claimed to be the driver of the automobile involved in the accident. Both Lorilee Thomas and Albert Hartman were intoxicated at the time of the accident. Albert Hartman was not named as a defendant in the original action.

On October 3,1994, plaintiffs commenced the action currently before the court by filing a complaint naming Albert Hartman as defendant. In this complaint, plaintiffs claim that defendant was the driver of the automobile and that they are entitled to damages resulting from the accident. Defendant filed an answer and new matter to plaintiffs’ complaint on June 16, 1995. On August 21, 1995, plaintiffs filed a response to new matter.

Thereafter, defendant filed a motion for summary judgment and a praecipe for argument list on August 23, 1996. Plaintiffs filed an answer to motion for summary judgment on September 16,1996. Oral arguments were heard on October 1, 1996. Both parties have submitted briefs and we are now ready to dispose of defendant’s motion for summary judgment.

The law applicable to summary judgments is set forth in Rule 1035 of the Pennsylvania Rules of Civil Procedure. According to Rule 1035, summary judgment “shall be rendered if the pleadings, depositions, answers [442]*442to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Pa.R.C.P. no. 1035(b), 42 Pa.C.S.

Additionally, Pennsylvania courts have held that “[t]he entire record is to be examined in the light most favorable to the party opposing the motion, and all doubts concerning the existence of a genuine issue of fact must be resolved in that party’s favor.” Mattia v. Employers Mutual Companies, 294 Pa. Super. 577, 579, 440 A.2d 616, 617 (1982), citing Bowman v. Sears Roebuck & Co., 245 Pa. Super. 530, 369 A.2d 754 (1976).

With these standards in mind, we turn now to defendant’s motion for summary judgment. Defendant argues that this court should grant his motion for summary judgment because plaintiffs’ case is barred by the statute of limitations since the complaint was filed more than two years after the accident occurred. Furthermore, defendant asserts that he did not fraudulently conceal the fact that he may have been driving the car from plaintiffs and that plaintiffs had ample opportunity before the expiration of the limitations period to discover the identity of the driver of the car and file a complaint.

To the contrary, plaintiffs allege that the statute of limitations was tolled because defendant fraudulently concealed the fact that he may have been driving the car from them. In support of this argument, plaintiffs contend that Pennsylvania law provides that a defendant who fraudulently conceals his involvement in a tort shall not benefit from the success of his lie, but shall be estopped from raising the statute of limitations. Plaintiffs further assert that summary judgment is not appropriate in this case as there are genuine issues of [443]*443material fact concerning: (a) whether defendant was the driver of the vehicle at the time of the accident; (b) whether defendant fraudulently concealed his identity as the driver of the vehicle from police and plaintiffs; and (c) whether plaintiffs reasonably relied upon the allegedly fraudulent statements of defendant which he allegedly made to relax their vigilance and cause them to deviate from a line of inquiry.

We will now review the applicable law. Pennsylvania courts have held that “[sjummary judgment may properly be entered in favor of a defendant when the plaintiff’s cause of action is barred by the statute of limitations. . . . Generally, ‘a party asserting a cause of action is under a duty to use all reasonable diligence to be properly informed of the facts and circumstances upon which a potential right of recovery is based and to institute suit within the prescribed statutory period.’ . . . The statutory period begins to run ‘as soon as the right to institute and maintain suit arises; lack of knowledge, mistake or misunderstanding do[es] not toll the running of the statute of limitations.’ As a general rule, the statute of limitations will begin to run on the date the injury is sustained.... Unless an exception applies, a plaintiff is barred from commencing suit once the statute of limitations has expired. ” Brooks v. Sagovia, 431 Pa. Super. 508, 511-12, 636 A.2d 1201, 1202 (1994). (citations omitted)

The standard for evaluating a plaintiff’s conduct is what she should have discovered at a particular time through the exercise of reasonable diligence. Baumgart v. Keene Building Products Corp., 430 Pa. Super. 162, 170, 633 A.2d 1189, 1193 (1993). “If a party has the means of discovery within [her] power but neglects to use them, [her] claim will be barred.” Id. (citations omitted)

[444]*444Additionally, Pennsylvania courts have held that summary judgment is proper where a plaintiff fails to plead facts sufficient to toll the statute, admits facts sufficient to concede the statute of limitation defense or fails in its response to show that a genuine issue of material fact exists. Holmes v. Lado, 412 Pa. Super. 218, 602 A.2d 1389 (1992). Furthermore, summary judgment may be granted where plaintiff’s evidence is “inherently unreliable.” Id.

In the present case, plaintiffs are seeking damages for injuries that resulted from an automobile accident. The applicable statute of limitations for such 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” is two years. See 42 Pa.C.S. §5524(2). The cause of action accrued on April 23, 1991, the date of the accident. But, plaintiffs did not file a complaint against defendant until October 3, 1994, more than three years after the accident occurred.

Plaintiffs contend that the statute of limitations was tolled because defendant fraudulently concealed from them the fact that he may have been driving the car in order to relax their vigilance and cause them to deviate from a line of inquiry.

The Pennsylvania Supreme Court has held that when a defendant causes a plaintiff to relax his vigilance or deviate from his right of inquiry, the defendant is estopped from invoking the bar of the statute of limitations. See Schaffer v. Larzelere, 410 Pa. 402, 405, 189 A.2d 267, 270 (1963).

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Related

Schaffer v. Larzelere
189 A.2d 267 (Supreme Court of Pennsylvania, 1963)
Hayward v. Medical Center
608 A.2d 1040 (Supreme Court of Pennsylvania, 1992)
Bowman v. Sears, Roebuck & Company
369 A.2d 754 (Superior Court of Pennsylvania, 1976)
Holmes v. Lado
602 A.2d 1389 (Superior Court of Pennsylvania, 1992)
Baumgart v. Keene Building Products Corp.
633 A.2d 1189 (Superior Court of Pennsylvania, 1993)
Brooks v. Sagovia
636 A.2d 1201 (Superior Court of Pennsylvania, 1994)
Mattia v. Employers Mutual Companies
440 A.2d 616 (Superior Court of Pennsylvania, 1982)
Nesbitt v. Erie Coach Co.
204 A.2d 473 (Supreme Court of Pennsylvania, 1964)

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Bluebook (online)
35 Pa. D. & C.4th 440, 1996 Pa. Dist. & Cnty. Dec. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-hartman-pactcomplmonroe-1996.