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Booher v. Olczak

Judgment granted on ground that plaintiffs' claims were barred by statute of limitations affirmed; suit was not commenced within two-year period required for personal injury claims, and mailing of praecipe for writ of summons did not toll statute of limitations.

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� 1 This is an appeal from an order granting judgment on the pleadings on the grounds that the claims of Darlene and Larry Booher (the Boohers) were barred by the statute of limitations. We affirm.

� 2 On March 6, 1998, Darlene Booher was driving on Route 356 in Butler County. Mrs. Booher halted her car when the vehicle in front of her stopped to make a left turn. James Olczak (Olczak) was traveling behind Mrs. Booher’s car and allegedly ran into the rear bumper of her car, resulting in injuries to Mrs. Booher.

� 3 On Friday, March 3, 2000, counsel for the Boohers allegedly mailed a praecipe for a writ of summons to the prothonotary’s office of Westmoreland County. The Boohers sought damages for the physical injuries to Mrs. Booher, lost wages due to her injuries, and also damages for loss of consortium. The Boohers’ counsel kept no proof of the date when the document was mailed. However, counsel indicates that the cover letter and enclosed check were dated March 3, 2000, and claims it was mailed that day. A clerk at the prothonotary’s office time stamped the filing on March 10, 2000.

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