Williams v. Medical College

554 A.2d 72, 381 Pa. Super. 418, 1989 Pa. Super. LEXIS 105
CourtSuperior Court of Pennsylvania
DecidedFebruary 2, 1989
DocketNo. 1535
StatusPublished
Cited by2 cases

This text of 554 A.2d 72 (Williams v. Medical College) 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
Williams v. Medical College, 554 A.2d 72, 381 Pa. Super. 418, 1989 Pa. Super. LEXIS 105 (Pa. Ct. App. 1989).

Opinion

POPOVICH, Judge:

This is a direct appeal from the order of the Court of Common Pleas of Philadelphia County granting summary judgment in favor of The Medical College of Pennsylvania. We affirm.

On appeal the appellants, Peter Williams and Cynthia Williams, contend: (1) the trial court improperly relied upon a memorandum prepared for arbitration when resolving an issue of material fact as to the date the appellant-husband was injured; and (2) pursuant to 42 Pa.C.S.A. § 5524(2), an action commenced two years and four days after the incident in question is not barred by the statute of limitations.

On September 2, 1984, the appellants filed a writ of summons instituting the underlying civil action against the appellee, The Medical College of Pennsylvania. On December 4, 1986, the appellants filed a complaint alleging that “on or about September 3, 1984,” the appellee negligently [421]*421caused Peter Williams, to fall from a gurney in the emergency room.

On May 8, 1987, the appellee filed an answer with new matter asserting the affirmative defense of the statute of limitations. On June 16, 1987, the appellants replied to the appellee’s affirmative defense and put at issue the statute of limitations.

On June 17, 1987, in accordance with Phila.R.C.P. Rule 180(a), the matter was heard by the Arbitration Panel of the Court of Common Pleas which awarded the appellants six thousand dollars.

On July 17, 1987, the appellee filed a timely appeal to the Court of Common Pleas, after which it filed a motion for summary judgment asserting that the appellants’ action was barred by the two year statute of limitations. On April 18, 1988, the lower court granted the appellee’s motion for summary judgment and dismissed the appellants’ complaint. This timely appeal followed.

First, the appellants contend the trial court improperly determined a question of material fact by relying upon a legal memorandum prepared by appellants’ counsel in preparation for an arbitration hearing. The memorandum which was submitted to the Arbitration Panel stated that on August 29, 1984, the appellant-husband fell from a gurney in the appellee’s emergency room. The appellants argue that the memorandum was prepared in anticipation of the appellee’s affirmative defense that the claim was barred by the statute of limitations. Since the memorandum was not a pleading filed of record, and the date of the incident was consistently stated as September 3, 1984, on all other papers filed, the appellants claim the trial court should not have relied upon the memorandum when resolving the date of the incident.

Generally, we note that Pa.R.C.P. 1035(b) authorizes the trial court to grant a motion for summary judgment where there is no genuine issue of material fact.

Pa.R.C.P. 1035(b). Motion for Summary Judgment.

[422]*422Rule 1035(b) states in pertinent part:

(b) The adverse party, prior to the day of hearing, may serve opposing affidavits. The judgment sought shall be rendered if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, in any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

Instantly, the appellants claim that the date of the incident is a genuine issue of material fact which has not been resolved, and therefore the trial court improperly granted the appellee’s motion for summary judgment. We disagree.

The record reveals that the appellee attached medical records to the supplemental brief stating that the appellant-husband’s injuries occurred on August 29, 1984. The medical records were properly certified by affidavit as the true and correct copies of the original medical records arising from the incident.

We note that the appellants offered no affidavits to refute the validity of the medical records presented by the appellee, nor did the appellants offer any evidence to counter the admission that the date of the incident was August 29, 1984.1

According to Pa.R.C.P. 1035(d) the appellants cannot rely upon the allegations presented in the pleadings alone.

Rule 1035(d). Motion for Summary Judgment

(d) Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the signer is competent to testify to the matters stated therein. Verified or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. [423]*423When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not so response, summary judgment, if appropriate, shall be entered against him.

Further, an appeal from the Arbitration Panel to the trial court will be a trial de novo with the original documents and the transcript of the testimony being reviewed and considered by the trial court pursuant to Pa.C.S.A. Rule 18082 and Rule 1809(b).3

The trial court properly reviewed the appellants’ memorandum admitting that the date of the incident was August 29, 1984. Additionally, every medical record introduced during the arbitration stated that the appellant-husband’s injuries were sustained on August 29, 1984. No testimony or documents were offered by the appellants to refute the date of the incident. We reject the appellants’ contention that the lower court improperly relied upon the memorandum which the appellants presented to the Arbitration [424]*424Panel when resolving the material question of the date of the incident. The medical records certified by affidavit established the only date the appellant-husband fell from the gurney was August 29, 1984. The appellants improperly relied upon the pleadings to establish that the incident occurred on September 3, 1984.

We find that no genuine issue of material fact remained in dispute and the trial court properly granted the appellee’s motion for summary judgment. The appellants failed to respond to the appellee’s motion for summary judgment with specific facts or affidavits proving the accident occurred on September 3, 1984. We find the appellants’ first allegation without merit.

Secondly, the appellants contend that the present action is not barred by the statute of limitations.

An action to recover damages for injury to the person, according to 42 Pa.C.S.A. § 5524(2)4 requires that the cause of action be commenced within two years of the injury.

The computation of the period of time referred to in any statute is governed by the applicable provision of the Statutory Construction Act of 1972, namely, 1 Pa.C.S.A. §§ 1908, 1909, 1910.

1 Pa.C.S.A. § 1908 Computation of Time:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
554 A.2d 72, 381 Pa. Super. 418, 1989 Pa. Super. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-medical-college-pasuperct-1989.