TT&H Attorneys Scott McCarroll and Julia Morrison Win Dismissal of Claim as a Discovery Sanction
July 28, 2022
On July 11, 2022, Attorneys Scott McCarroll and Julia Morrison received an Order denying the Plaintiffs’ Petition to open a judgment of non pros, which had been entered in the case as a result of a Motion for sanctions Scott and Julia filed on behalf of their client, a local government agency.
In this case, Plaintiffs alleged that storm water runoff from their neighbors was directed towards their property, and was permitted to discharge onto their property, via channels cut by the government agency. Plaintiffs alleged that their property experienced erosion and flooding, and was rendered largely useless. When Plaintiffs refused to permit the government agency’s real estate appraiser to enter their property to inspect the structures thereon as part of a damages analysis, the Court ordered that “Plaintiffs shall permit” the appraiser access to the property.
Plaintiffs then made numerous unsuccessful attempts to overturn the Court’s ruling. They filed a Motion for reconsideration (which was denied), a Notice of Appeal to the Pennsylvania Commonwealth Court (which was quashed), a Petition for Allowance of Appeal with the Pennsylvania Supreme Court (which was denied), and a Petition for Writ of Certiorari with the Supreme Court of the United States (which was denied). After the appellate track concerning the appraiser’s inspection was complete, Plaintiffs still refused to permit the inspection. Scott and Julia then filed a Motion for Sanctions and requested that the matter be dismissed for Plaintiff’s ongoing and willful disobedience of the Court’s Order. The Court entered a judgment of non pros and Plaintiffs filed a Petition to open the judgment. After argument on the matter, the Court denied the Petition, allowing the judgment of non pros to stand.