Smith v. Friends Hospital

OPINION BY

McCAFFERY, J.:

¶ 1 Appellant, Traine Smith, appeals from the order of the Court of Common Pleas of Philadelphia County that denied her petition to open a judgment of non pros filed against her by Appellee, Friends Hospital (“the Hospital”). Specifically, Appellant argues that the trial court abused its discretion when it refused to open the judgment of non pros based on its erroneous determination that Appellant was required to have filed a certificate of merit pursuant to Pa.R.C.P. 1042.3(a). After careful review, we reverse.

¶ 2 On October 28, 2005, Appellant filed a complaint…