TT&H Attorneys Louis Long, Joseph Pulcini and Voula Mamounas win appeal from the entry of summary judgment in limited tort action.
January 17, 2020
In the case of Moyer v. Conroy, the Superior Court recently affirmed the entry of summary judgment in favor the defendant driver, finding the action was barred by the statute of limitations. The Plaintiff’s decedent, who was subject to a limited tort election, died before the original complaint was filed. The Court dismissed the original complaint because the personal representative of her estate failed to bring the action. After the estate was raised, a new complaint was filed, but the statute of limitations expired in the meantime. The new complaint contained the same allegations about the decedent’s injuries. The Court rejected the Plaintiff’s attempt to use the discovery rule to excuse the delay, instead finding that the Plaintiff and counsel knew about the seriousness of the injuries to about a dozen different body parts, as evidenced by the procedurally defective complaint. The Court added that the plaintiff and counsel did not exercise due diligence to bring the new complaint before the statute ran. The case was handled in the Lower Court by Attorneys Joseph Pulcini and Voula Mamounas. The appeal was handled by Attorney Louis Long.
Questions about this case can be directed to Louis Long, at (412) 926-1424 or firstname.lastname@example.org.