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Estate of Ghaner v. Bindi

In a wrongful death action, grant of summary judgment in favor of defendant reversed because precluding plaintiff from introducing any exhibits or testimony was an inappropriate sanction for plaintiffs' failure to file a pretrial statement where such failure, which occurred during a time of dispute between plaintiff and her counsel, was plaintiff's only failure to comply with the Rules of Civil Procedure.

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J-A14011-01

� 1 Jeanie Ghaner appeals the trial court’s grant of Appellee Barry Bindi’s motion for summary judgment, which was entered following its grant of Bindi’s motion in limine precluding Appellant from introducing any testimony or exhibits at trial in this wrongful death and survival action. Upon review, we reverse, vacate the judgment entered in favor of Appellee, and remand this matter to the trial court.

� 2 This action arises out of the death of Wilson M. Ghaner, Jr. in a traffic accident in State College on May 11, 1997. Appellant, who is Ghaner’s widow, the administratrix of his estate, and the guardian of their children, initiated this action by filing a complaint on April 17, 1998 against Bindi, the driver of the vehicle who hit Ghaner. After Appellee was served with the complaint and had answered it, the matter proceeded to discovery.

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