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Mosley v. Settles

Order finding complaint was timely filed vacated because tolling of the statute of limitations for the commencement of a personal injury action is not permitted on the basis of "non-negligent circumstances," and, in any event, the circumstances were not so extraordinary as to support such an exception to the statute of limitations.

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� 1 This is an appeal by allowance of this Court pursuant to Pa.R.App.P. 1501. We decide whether the trial court erred when it ruled the Complaint was timely filed. The Praecipe for Writ of Summons was filed after the statute of limitations expired and plaintiff/appellee failed to show fraud or its equivalent. We conclude that the court erred and so vacate the order and remand the matter so that the trial court may reinstate its order granting judgment on the pleadings in favor of appellant.

� 2 Appellee Lillie P. Mosley and appellant Ronald B. Settles were involved in a motor vehicle collision on June 2, 1997. Mosley engaged the services of attorney Marvin Miller to represent her in connection with a personal injury claim against Settles. However, Mosley’s Praecipe for Writ of Summons was filed one day beyond expiration of the statute of limitations set out in 42 Pa.C.S.A. � 5524(2). After the Complaint and Answer were filed, Settles moved for judgment on the pleadings, asserting the statute as a bar to recovery. The trial judge granted same and dismissed Mosley’s complaint with prejudice. Thereafter, Mosley sought and was granted reargument; the trial court ultimately ruled that her Complaint was to be deemed timely filed.

� 3 In its opinion, the trial court explained that Mosley’s counsel failed to file the Praecipe on time due to incapacitation caused by back surgery on May 19, 1999, and restrictions thereafter. The court found these facts constituted “non-negligent circumstances” and so the court granted Mosley’s request for relief. Settles asked the trial court to certify the issue for appeal, but the court refused to do so. This court granted Settles’s allowance of appeal on the issue of whether the trial court erred in permitting Mosley’s claim to go forward. The matter is now before us.

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