TTH Attorneys Matt Clayberger and Adam Kleiber recently prevailed on an appeal filed with the Pennsylvania Superior Court.  The appeal stemmed from a wrongful death lawsuit in which professional negligence claims were asserted against TTH’s client.  In 2015, the Trial Court entered judgment in favor of TTH’s client due to expire of the statute of limitations.  The litigation then continued against several other Defendants that TTH did not represent.  Eventually, in 2021, the Trial Court litigation resulted in a final Order terminating the lawsuit in favor of the remaining Defendants.  The Plaintiff then took an appeal in late 2021.

In the initial appellate submissions, the Plaintiff did not identify the dismissal of TTH’s client as an issue for appellate review.  However, the Plaintiff ultimately filed a Brief in which she argued that the Trial Court’s entry of judgment in favor of TTH’s client should be reversed.  TTH filed a Motion to intervene in the appeal after learning of the inclusion of this argument in the Plaintiff’s appellate submissions.  The Superior Court granted the intervention request and permitted TTH’s client to file a Brief responding to the Plaintiff’s argument.  Attorney Matt Clayberger then filed a Brief, arguing that any appeal as to the entry of judgment in favor of TTH’s client should be quashed on the basis of waiver.

A three-judge panel of the Superior Court agreed with Matt’s argument and affirmed the entry of judgment in TTH’s favor.  The Plaintiff subsequently sought en banc re-argument before the entire Pennsylvania Superior Court, which was granted.  Attorneys Clayberger and Kleiber then filed an en banc Brief, once again arguing waiver.  Following oral argument before the entire Superior Court, TTH prevailed once again.  The Superior Court held that any appeal regarding the entry of judgment in favor of TTH’s client had been waived.  As a result, the Superior Court did not disturb the Trial Court’s original entry of judgment on the pleadings in favor of TTH’s client.

Questions about this case can be directed to Matt Clayberger at (717) 237-7150 or mclayberger@tthlaw.com.